Consent to treatment in the A&E department

Accid Emerg Nurs. 2002 Jan;10(1):17-25. doi: 10.1054/aaen.2001.0303.

Abstract

Compared to other areas in nursing, nurses working in A&E Departments encounter a wide range of difficult and specific issues relating to consent to treatment, whether they are acting independently as nurse practitioners or carrying out the treatment prescribed by doctors. The law of consent must be taken into account in our daily practice to avoid a claim of battery or negligence from our patients. Emergency treatment can be given under the doctrine of necessity if an adult patient lacks capacity to give consent, but treatment cannot be imposed on competent adults who refuse it. Assessment of capacity may be difficult. Patients with mental disorders can pose specific consent difficulties, depending on whether the proposed treatment is directly related to the mental disorder. Problems may also arise from adult patients who refuse treatment due to undue influence from others. Obtaining consent to treatment for children depends on their age, maturity and understanding. Specific difficulties may arise if the child's wishes conflict with those with parental consent, or when those with parental responsibility unreasonably refuse to give consent.

Publication types

  • Review

MeSH terms

  • Adolescent
  • Adult
  • Advance Directives / legislation & jurisprudence
  • Child
  • Emergency Medical Services / legislation & jurisprudence*
  • Emergency Nursing / legislation & jurisprudence*
  • Humans
  • Informed Consent / legislation & jurisprudence*
  • Malpractice / legislation & jurisprudence
  • Mental Competency / legislation & jurisprudence
  • Presumed Consent / legislation & jurisprudence
  • Third-Party Consent / legislation & jurisprudence
  • Treatment Refusal / legislation & jurisprudence
  • United Kingdom