Chapter 3 Multiple choice questions

. Which case is authority for the principle that doctors must inform patients in broad terms of the nature of the procedure to be carried out in order to avoid a charge of battery?

Canterbury v. Spence (1972)

Chatterton v Gerson [1981]

Re T (Adult: refusal of treatment) [1993]

Montgomery v. Lanarkshire Health Board [2015]

. The requirements of valid consent are:

The person must be competent

There must be no duress or coercion

Sufficient information must have been given

All of the above options are correct

. A person lacks capacity in relation to a decision that must be taken if:

The person is under the age of eighteen years

The person makes an unwise decision (as objectively assessed)

At the material time the person is unable to make a decision in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.

The person has dementia

. In the context of information disclosure which of the following statements is correct?

The doctrine of informed consent requires that patients are provided with all available information to make a fully informed decision

In English law the amount of information required to discharge the duty of care is measured against the 'reasonable doctor ' test

A claim that a doctor was negligent for failing to disclose sufficient information to enable them to make a proper decision must be brought in negligence (rather than battery)

All of the above options are correct

. For the purposes of proving causation in actions for negligent consent:

Information disclosure is governed by the Bolam test

Information disclosure must be limited where this is in a 'reasonable patient's' best interests, as objectively assessed

Patients must prove, on a balance of probabilities, that they would have refused consent if they had been given sufficient information.

The case of Montgomery v. Lanarkshire Health Board [2015] has overruled Chester v. Afshar [2004].

. The factors to be considered when determining an incompetent adult's best interests include:

The age of the patient

The patient's diagnosis

The need to use the 'least restrictive principle'

Ascertaining whether the patient is able to sign a consent form

. Which of the following statements about advance decisions is correct?

Advance decisions must always be in writing

Advance decisions are not valid if made by persons under the age of 18 years

Advance decisions are governed by the Mental Health Act 1983

Advance decisions must be signed and witnessed as a deed

. Section 8(1) of the Family Law Reform Act 1969:

Creates a rebuttable presumption in favour of capacity to consent to medical treatment for children between the ages of 16 and 18 years.

Applies to consent for organ donation and participation in research

In certain situations may be relied upon for children under the age of 16 years

Does not extend to procedures that are ancillary to therapeutic treatment

. How is Gillick competency defined?

All children under the age of 16 years can consent to receive contraception

All women under the age of 16 years can consent to an abortion if requested

Children between the ages of 16 -18 years of age can consent to medical treatment.

Children under the age of 16 years have capacity to consent to clinically indicated treatment if they have sufficient maturity and understanding

. A doctor will be protected from a civil claim of carrying out treatment unlawfully on a minor if:

Consent has been obtained from the minor who is over the age of 16 years

Consent has been obtained from a "Gillick" competent child

Neither statement applies

Either statement could apply

Chapter 3 Multiple choice questions

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