Legal Frameworks, Consent, and Capacity Flashcards
6 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 6 Legal Frameworks, Consent, and Capacity flashcards as text
Under the NMC Code, when may a nurse breach patient confidentiality?
Answer: When required by law, ordered by a court, or when public interest outweighs the patient's right to confidentiality
Confidentiality can be breached when required by law, ordered by court, or justified in the public interest.
A nurse witnesses a consent form being signed. What is their role as a witness?
Answer: Confirm the signature is genuine and was given voluntarily
The witness confirms the signature is genuinely the patient's and was given voluntarily, not that the patient understood the information.
Under what circumstances can a nurse use Section 5(4) of the Mental Health Act to detain a patient?
Answer: When a voluntary inpatient receiving mental health treatment appears to be leaving and detention is necessary for safety
Section 5(4) allows a registered mental health or learning disability nurse to detain an informal inpatient for up to 6 hours.
What is the legal significance of the Montgomery v Lanarkshire (2015) ruling on consent?
Answer: Patients must be told about material risks a reasonable person would consider significant
Montgomery replaced the Bolam test with a patient-centred standard: clinicians must inform about material risks a reasonable person would consider significant.
A 15-year-old requests contraception without parental knowledge. Under the Fraser guidelines, when can it be provided?
Answer: When the young person understands the advice, cannot be persuaded to inform parents, and their health would likely suffer without treatment
Fraser guidelines allow contraception for under-16s when specific criteria are met including understanding and health assessment.
What does the Equality Act 2010 require of NHS providers regarding protected characteristics?
Answer: Make reasonable adjustments to ensure equal access and not discriminate based on protected characteristics
The Act requires reasonable adjustments to remove barriers and prohibits discrimination based on nine protected characteristics.