This scenario-based assignment aims to analyze the ethical, legal and professional issues related to obtaining consent in adults. Consent is a fundamental ethical and legal principle underlying the healthcare process. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get Original Essay Ann is a 78-year-old woman hospitalized with a life-threatening perforated gallbladder requiring emergency surgery. She is reluctant to agree as she is anxious and in a lot of pain. Consent is the agreement by a competent person, voluntarily without compulsion, to an action which without consent would be trespass. Therefore, mentally competent individuals have an autonomous right to decisions regarding their health. The legal age to consent to medical procedures is 16 and does not decrease with age. Healthcare professionals must obtain consent before any procedure or intervention otherwise they are subject to legal action by the patient or their regulatory body for trespass, battery or assault. Similarly, a patient who can demonstrate that he or she did not consent may file a trespass complaint because it constitutes a violation of his or her right to autonomy (Stauch, 1998). The professional duty to obtain consent is highlighted by the Nursing and Midwifery Council (NMC, 2018) stating that nurses must obtain consent before carrying out procedures, stipulating that patients must be informed of the risks of the procedure. However, consent is a fluid process and can be revoked at any time. There are different types of consent in healthcare facilities and they include three forms. Verbal consent occurs daily as the basis for performing routine care (Dimond, 2001). Nonverbal consent refers to patient behavior that indicates that the patient agrees with the proposed treatment. Written consent, i.e. the best form of consent is evidence that the patient has agreed to the procedure and is therefore required for surgery (Dimond, 2001). Signing a consent form not only ensures valid consent, but represents a discussion in which the patient has accepted what has been explained to them. Where written consent is required, it may be appropriate for other team members to participate in the consensus-seeking process. All adults must be presumed to have mental capacity and therefore have the right to independent control over their own person, unless otherwise determined. When healthcare professionals question a patient's capacity, they must adhere to the guidelines outlined by the Mental Capacity Act. It ensures that no superficial assumptions are made based on the individual's age, appearance, or a condition or aspect of behavior , protecting and empowering the individual (Dimond, 2007). Secondly, MCA (2005) states that a person is unable to make decisions for themselves if they are unable to do so; understand information relevant to the decision, retain that information, balance that information, and communicate your decision. The NMC Code (2018) establishes the need for nurses to have adequate knowledge of the MCA (2005) in the country in which they practice to defend the rights and interests of their patients. Because Ann has capacity, it is the ethical duty of the healthcare provider to respect individual autonomy. This is reiterated by ReC (1994) that due to his mental health history, the hospital claimed that C's abilities had been impaired, however, the patient was deemed mentally competentby law. Gillon (1985) argues that consent to medical intervention is by definition informed consent because it requires action based on adequate information to make a balanced decision. For the consent to be valid, and therefore the intervention to be lawful, three conditions must be met: the patient must be competent, without any coercion or undue influence; and the patient must be adequately informed about the proposed treatment. The Montgomery ruling (2015) clarifies that all interventions must be based on a shared decision-making process involving the patient and healthcare professionals, to ensure that the patient is aware of all options and supported to make an informed choice. Ann did not refuse treatment; requests further communication to make a balanced decision in your best interests. Therefore, effective communication must occur between Ann and those responsible for her care in the presence of her daughter. However, a competent adult patient has the right to accept or refuse treatment even if refusal could lead to death, which according to the NMC (2018) must be given personal consideration and respect. The nurse responsible for Ann's care may facilitate this meeting by providing privacy to discuss the procedure, including the risks, benefits, or potential alternatives. Doctors remain the custodians of information but are not always involved with the patient, often the relationship is technical and can become insensitive to the needs of patients and their families. When deciding what information to provide, the Bolam principle, further refined by the Montgomery judgment, should be applied. Therefore, nurses are ideally placed to support taking on the role of communicator and translator to help the patient understand what has been discussed. The nurse responsible for Ann's care can answer questions she may have about the procedure and can help Ann overcome the initial shock and fear of major surgery. The NMC Code (2018) states that nurses must safeguard the interests of individual patients. Informed consent for surgery is often obtained from junior doctors during assessment clinics or on the day of surgery. In-depth knowledge is required to be able to adequately warn the patient of the potential risk of the proposed intervention which may not be present to doctors in training. To ensure that the patient is adequately informed, DoH consent forms (2001) have come into circulation. Its format includes sections for documenting expected benefits and serious or recurring risks that should be discussed with the patient. Any alternative options must be explained in context, highlighting the risks and benefits of the proposed procedure. However, long-term alternatives may be limited in Ann's case due to the life-threatening nature of the perforation if it is not corrected. Clinicians need to be aware of the potential influence that family and healthcare providers can have on the patient's decision. As far as reasonably possible, the doctor should determine that any decision made is that of his patient. This would ensure that the nurse advocates for their patient to support autonomy and self-determination (Gerber, 2018). Ann may feel like a burden to her daughter and her family as she is used to her independence and living alone, but she should not feel pressured to make a decision. Because time is of the essence in Ann's case, healthcare providers could potentially force Ann to receive treatment that she may not want. The nurse could explain to Ann what.