2. What are the key issues for healthcare professionals to consider?
Correct answer:
Patient choice - Lack of mental capacity does not mean the right to choice should be restricted. Patient choice and independence should be promoted.
Mental capacity - Patient perceived to lack capacity to consent and make decisions before any formal test had been performed. Mental Capacity Act 2005 states that all adults on admission have mental capacity unless it is proven otherwise. Therefore, no one may consent on patients' behalf if they have not yet been deemed to not have capacity.
Psychological abuse - When dealing with challenging patients, some nursing staff can forget that the language they use can be perceived as abuse. The No Secrets document helps to define psychological abuse, and state that humiliation, blaming, intimidation are actions that can be constituted as abuse. Also under the Human Rights Act (1998), patients have right to freedom from degrading treatment. Isolation and restriction of social interaction can also indicate a form of psychological abuse.
Restriction of freedom - Use of cot sides without patient consent could signify false imprisonment under the Human Rights Act (1998). Local policy should be followed, and state that consent must be obtained before using cot sides. If used in best interests this should be well documented. The Deprivation of Liberty Safeguards state that when acting in the best interests of the patient, the least restrictive methods on patient independence should be used.