NMC-CBT Legal Frameworks, Consent, and Capacity Flashcards
7 cards from real NMC CBT practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 NMC-CBT Legal Frameworks, Consent, and Capacity flashcards as text
A nurse is caring for a patient who has been detained under the Mental Health Act. Which of the following statements about treatment consent in this context is correct?
Answer: Medication for mental disorder can be given without consent for up to 3 months under the MHA
Under the Mental Health Act, medication for mental disorder can be administered without consent for up to 3 months, after which a second opinion is required.
What is the primary legal principle established by the Montgomery v Lanarkshire Health Board (2015) Supreme Court ruling?
Answer: Patients must be told about material risks that a reasonable person in their position would want to know
Montgomery replaced the Bolam test for consent, establishing that clinicians must disclose material risks that a reasonable patient in their specific situation would want to know.
A 16-year-old patient consents to a medical procedure. Under the Children Act 1989 and Gillick competence principles, which scenario would allow a parent to override this consent?
Answer: In certain circumstances a court may override a competent minor's refusal to protect their life
While a competent minor can consent, courts have held that refusal of life-saving treatment by a minor can be overridden by the court or by those with parental responsibility in some circumstances.
Under the Data Protection Act 2018 and UK GDPR, which condition most commonly applies when processing patient health data in clinical settings?
Answer: Processing necessary for medical diagnosis and provision of health care
Article 9(2)(h) of UK GDPR permits processing of special category health data when necessary for medical diagnosis, provision of healthcare, or management of health systems.
A patient with a learning disability requires a minor surgical procedure. The patient cannot understand the risks or give valid consent. What is the correct legal framework to follow?
Answer: Apply the Mental Capacity Act 2005 best interests decision-making process
The Mental Capacity Act 2005 provides the legal framework for making best interests decisions for adults who lack capacity, replacing the common law doctrine of necessity.
Which of the following best describes the nurse's duty when a competent patient refuses a blood transfusion on religious grounds, and their life is at risk?
Answer: Respect the patient's competent refusal and document it, providing alternative care
A competent adult has an absolute right to refuse treatment, including life-saving treatment, and this must be respected; the nurse should document and offer all alternative care.
What does the term 'therapeutic privilege' mean in the context of consent law, and what is the current UK legal position on it?
Answer: Withholding material information to avoid upsetting a patient is no longer a robust legal defence after Montgomery
Post-Montgomery, therapeutic privilege (withholding information to prevent distress) is not a strong legal defence in UK law, as patients have a right to material information.