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Should there be consent for young people and children to have a say in their healthcare?

8 April 2021

Blog, Clinical Negligence

On 5 March 2021, NICE Guidelines published a new draft of guidance for the younger generation to have a greater understanding of the healthcare that they are being offered.

This is under public consultation until 16 April 2021 as they are keen to hear the views of both the parents and carers of the young people. Find the draft and participate in the consultation here:

www.nice.org.uk/guidance/indevelopment/gid-ng10119/consultation/html-content-2

Clinical Negligence SolicitorsThe health care system can be daunting to those that are younger causing them to have outcomes of anxiety of attending medical appointment with their GP or their dentist etc. With the likes of social media, it is highly tempting to ask ‘Dr Google’ about their symptoms and for medical advice. Although, this can be extremely inaccurate. As the internet continues to grow, the younger generation need to be encouraged to seek medical advice from that of a professional. The NICE Guidelines wants to achieve accurate, accessible information to be provided to young patients in a way they can understand their healthcare. It is important that they are engaged with the healthcare system at an earlier age with the prospects of them having improved health outcomes in their later lives.

Dr Paul Chrisp goes on to state: “We know that young people are more likely to look for health advice online or on social media so it’s important they are advised which sources are reliable and trustworthy. Younger patients have historically been seen as more ‘passive’ recipients of healthcare than adults, but supporting them to truly understand their condition and treatment can help them to feel more confident engaging with healthcare staff. We’re very pleased that this draft guideline has been developed with input from children and young people, and hope that it will provide healthcare staff with clear guidance on how to engage effectively with younger patients.”

If you wish to seek more information regarding this article, head over to NICE Guidelines here.

Consent Case Law – Montgomery v Lanarkshire Health Board

With young people becoming more involved and engaged with their medical treatments, it is important to understand consent when having any type of medical treatment even of the dental care you receive.

Medical LawyerMontgomery was a case were the son was born with cerebral palsy as a result of a shoulder dystocia during birth. The mother had raised her concerns with being too small to delivery her baby. It is known that 9-10% risk of dystocia in a diabetic woman having a vaginal delivery. There was no warning of shoulder dystocia or an alternative option on delivering by caesarean section. The obstetrician who treated the Mother, advised that if there was an option of a caesarean section, this is the option she would have chosen given the risks. It was therefore apparent that all risks and options should have been provided to the Mother prior to given birth to her son.

Since this case, it is in the General Medical Counsel Guidance on decision making and consent (2020) suggest that the doctors must try to find out what matters to patients. It is important for the medical professionals to take a person case by case to see what would be most beneficial for them or whether the risks outweigh their benefits.

Paragraph 23 of the GMC Guidance states:

1. Recognised risks of harm that you believe anyone in the patient’s position would want to know. You’ll know these already from your professional knowledge and experience.

2. The effect of the patient’s individual clinical circumstances on the probability of a benefit or harm occurring. If you know the patient’s medical history, you’ll know some of what you need to share already, but the dialogue could reveal more.

3. Risks of harm and potential benefits that the patient would consider significant for any reason. These will be revealed during your discussion with the patient about what matters to them.

4. Any risk of serious harm, however unlikely it is to occur.

5. Expected harms, including common side effects and what to do if they occur.

Mistakes in A&ESimilarly, to this case above, Williamsons have dealt with in relation to TVT-O (tension free vaginal tape obturator) surgery for stress incontinence. This resulted in persistent and chronic pain which affected her social and working life. It was argued that prior to recommending surgery, there was a failure to discuss alternative treatment options, including conservative management, such as supervised pelvic floor exercises. There was also a further failure to properly consent her and to warn her about potential significant complications, including injury to the obturator nerve, resulting in long term severe groin pain. The operation itself was then performed inappropriately, causing injury to the obturator nerve. This client was able to obtain compensation for the mishaps that had happened.

It is important for us to have a developing relationship with the healthcare team as a whole, our live is in their hands. As patients we want to be engaged with the treatment we are receiving and how it will positively and negatively affect us. We trust doctors to care for us in our time of need, and to avoid consequences of going through with an operation without knowing the whole story. If you feel that you had consequences, or a loved one has been left with complications which were unknown of, Williamsons have your best interests at heart. Do not hesitate to have a telephone call with us on 01482 323697 as we are happy to assist.


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