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The consent process in radiotherapy

Published online by Cambridge University Press:  01 December 2007

Keisha S. Robinson*
Affiliation:
The Parkside Oncology Clinic, London, UK
*
Correspondence to: Keisha S. Robinson, The Parkside Oncology Clinic, 49 Parkside, Wimbledon, London SW19 5NB, UK. E-mail: [email protected]

Abstract

Over the past two decades The Department of Health has made the consent process one of its main focus and has issued numerous guidelines on how the process must be conducted in order to make it valid. This mandate has been in accordance with the new patient-centred health service, which has patient autonomy as its fundamental standard. This paper will critically appraise the consent process in a radiotherapy department against the Department of Health’s recommendations. The ethical and legal principles governing the process will also be discussed using guidance from medical professional bodies and reference to English case law. Additionally, the function of written consent and consent forms will be assessed in order to establish whether implied or oral consent has any role in radiotherapy. The paper found that to a large extent the Department of Health’s recommendations are followed in the radiotherapy department evaluated. One key outcome arising from this paper is that written consent is the most appropriate form of consent in radiotherapy; however the record of consent should not be solely confined to a consent form. Rather it is critical that adequate notes of all areas of the dialogue that took place during the consent process with the patient should be written in the patient’s medical notes.

Type
Original Article
Copyright
Copyright © Cambridge University Press 2007

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References

Palmer, R.Informed consent in oncology: do we need it? Clin Oncol 1996; 8:36.Google Scholar
Department Of Health. The NHS Cancer Plan and the New NHS Providing a Patient-Centered Service. London. DOH, 2004.Google Scholar
Department of Health. Reference Guide to Consent for Examination of Treatment. London. DOH, 2001.Google Scholar
Tait, D, Hardy, J.Consent for investigating and treating adults with cancer. Clin Oncol 2006; 18:2329.CrossRefGoogle ScholarPubMed
Burnett, G, Charman, SSizer, B, Murray, P.Information given to patients about adverse side effect of Radiotherapy: A survey of Patient’s views. Clin Oncol 2004; 16:479484.CrossRefGoogle Scholar
Colyer, H. Informed consent for radiotherapy: our responsibility. Radiography 2007; 13:197–201.CrossRefGoogle Scholar
The General Medical Council. Seeking patient’s consent: the ethical considerations. General Medical Council, 1998.Google Scholar
The College of Radiographers.Statement for Professional Conduct. London: The College of Radiographers, 2002.Google Scholar
Kyle, G. Consent to treatment. The Royal College of Ophthalmologist, Focus Summer 2006; 5–6.Google Scholar
Bolam v Friern Hospital Management Committee. All England Law Report 2, London 1957.Google Scholar
Samanta, A, Samanta, J.Legal standard of care: a shift from the traditional bolam test Clin Med 2003; 3 (5):443446.CrossRefGoogle ScholarPubMed
Judgements—Bolitho v City and Hackney Health Authority. House of Lords, London 1997.Google Scholar
The NHS Litigation Authority. NHSLA Risk Alert: Informed Consent. Nov 2004 Issue 4.Google Scholar
Chatterhorn v Gerson [1981] 1 All ER 257.Google Scholar
Department of Health: 12 Key Points on consent: the Law in England. LondonDOH 2000.Google Scholar
Kennedy, I, sGrubb, A, Medical Law: Text and Materials, 3rd edition. London: Butterworths, 2000.Google Scholar
Flemming, J.The Law of Torts. 9th edition. NSW: Law Book Company Ltd., 1998.Google Scholar