11. Consent and the Explanation of Risk in Anaesthesia
- Ian Johnston2,
- William Harrop-Griffiths3 and
- Leslie Gemmell4
Published Online: 10 NOV 2011
Copyright © 2012 The Association of Anaesthetists of Great Britain and Ireland (AAGBI)
AAGBI Core Topics in Anaesthesia
How to Cite
White, S. (2011) Consent and the Explanation of Risk in Anaesthesia, in AAGBI Core Topics in Anaesthesia (eds I. Johnston, W. Harrop-Griffiths and L. Gemmell), Wiley-Blackwell, Oxford, UK. doi: 10.1002/9781118227978.ch11
Raigmore Hospital, Inverness, UK
Imperial College Healthcare NHS Trust, London, UK
Wrexham Maelor Hospital, Wrexham, UK
- Published Online: 10 NOV 2011
- Published Print: 29 NOV 2011
Print ISBN: 9780470658628
Online ISBN: 9781118227978
- consent, risk in anaesthesia;
- Mental Capacity Act 2005 (MCA);
- consent, core precept;
- Common law of consent;
- anaesthesia, competent adults;
- proxy decision making;
- CTIMPs regulations;
- needlestick injury;
- formal consent, legal waiver
• Competent patients aged over 16 years are treated according to the common law, and may consent to or refuse any medical treatment.
• In England and Wales, patients aged over 16 years who lack competence in the opinion of the doctor are treated according to the Mental Capacity Act 2005; treatment may be provided if it is necessary and in the patient's best interests.
• The Mental Capacity Act also recognizes both proxy decision making by third parties and advance directives.
• A number of problems persist with the concept of consent, mostly centred around difficulties in risk communication.