Consent is to authorize, approve or to permit for a medical professional to proceed with a treatment or health care. Consent has become a very important issues in the modern health care and, was noted earlier everyone’s right to refuse any medical treatment is now enshrined in the New Zealand Bill of Rights Act 1990 (Burgess. M, 2008). In Code of Health and Disability service consumer’s rights shows on right 7, that services may be provided to a consumer only if that consumer makes an informed choice and gives informed consent, except where any enactment, or the common law, or any other provision of the code provides otherwise (Burgess. M, 2008 & Papps. E, 2013).
Nurses and midwifes must obtain consent before providing any professional care, because in this practice involves touching, which is without consent can result in trespass to the person in the form of battery.
Parents or guardians are the ones who provide consent for children, when operation is to be performed. In section 36 of the Care of Children Act 2004 provides that children aged 16 years and over can give consent for blood donations, to medical surgical or dental procedures as if they were of full age. In Section 36 of the Care of Children Act 2004, in the matter of abortion, that a female child of any age must be treated as adult with regard to consent (Burgess. M, 2008).
Consent must always be obtained to avoid criminal or common-law liability, except where action must be taken in case of extreme emergency (Burgess. M, 2008, p 110).
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Reference:
Burgess, M. (2008). A Guide to the law for nurses and midwives (4th Ed.). Auckland, New Zealand: Pearson, Prentice Hall.
Crisp, J., Taylor, C., & Douglas, C. (Eds.). (2013). Potter and Perry’s fundamentals of nursing (4th Ed.). Sydney, Australia: Mosby