SBAs will focus on law. No ethics questions.
- Person can’t be deemed incompetent due to the decisions they make (ie. just because making bad decision does not mean someone is incompetent). Based on ability to understand, weigh up, retain and communicate information.
- If person lacks competence ⇒ will be very obvious in question stem.
- If person has temporary lack of capacity (ie. patient under general anaesthetic in surgery and incidental finding found) ⇒ should defer decision until patient has capacity (unless issue poses imminent threat to life).
- Pregnant woman has complete right over her body (ie. if refusing to have caesarian section she should be listened to).
- Babies don’t have rights until they’re born so mum’s life should be preserved if it comes to it
- Assent ⇒ when you agree but don’t have mental competence.
- Murder or intent to murder = justifiable breach of confidentiality.
- Parent can never refuse treatment for child on religious grounds (if both refuse still give treatment on basis of best interests). Only need consent from one parent to go ahead.
- IMCA needed if patient lacks capacity and has no one to support them (no family members). Will help ascertain patients beliefs and thoughts.
- If major changes to persons life or treatment options for disease (ie. diagnosis long time ago and there are new treatments available), advanced decision is no longer applicable.
- AD cannot refuse basic nursing care or oral feeding under mental capacity act.
- Cannot make advanced decision to refuse treatment under mental health act (key part).