Ethics and law in nursing Free Essay Example, 2250 words

In this adult case study, the patient had no clear appreciation and understanding of the facts when she consented to the surgery. She had senile dementia which compromised her ability to issue her informed consent. Moreover, her capacity to give consent to the procedure was also compromised. The law requires that patients giving their informed consent must understand what the medical treatment is – including its purpose and why it is being proposed to them. They must also understand the benefits and risks involved and they must be able to communicate such decision to the medical health professionals charged with their care (Tidy, 2009). In the case, the elderly patient had a limited capacity to understand what the medical procedure was all about. She also had a mental limitation on her ability to assess the risks involved in the procedure. Hence, the patient, by law cannot be considered as mentally competent to give her consent to the surgery (Joel, 2006, p. 362). It is therefore important to note the Mental Capacity and the Mental Health Act in assessing the legality of this case. We will write a custom essay sample on Ethics and law in nursing or any topic specifically for you Only $17.96 $11.86/page 42). The elderly patient has a major disability which very much affects the way her mind works. One moment she may be doing something she normally does, like cooking food or brushing her teeth, and a few minutes later she forgets these things and then repeats them again. In other words, her mental faculties cannot be relied on to make sound decisions.