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Consent to Medical Treatment

YOUR RIGHTS – CONSENT TO MEDICAL TREATMENT

Every patient has a right to know the details of the health care/medical treatment they are receiving.

Doctors should give a clear, concise explanation in non-medical terms of your condition, problem or disease and the proposed treatment or procedures. This way you, the patient, can make an informed decision about the treatment you are about to undergo.
Information provided should include:

– the reason for the proposed treatment

– the risks involved

– the expected benefits

– alternative treatment options

– whether the procedure is irreversible

– the time involved in the procedure

– the likely recovery period

– any costs involved

-any follow up care that may be required

If this information is not provided to you – ask. Discussion of the treatment and material risks should take place sometime before the proposed treatment or procedure.
Should proposed treatment not be acceptable to you, you can refuse it.

You can choose to seek a second opinion of any medical matter you feel unsure about.
You can have as much time as you need to make your decision. You do not have to say yes immediately after receiving the necessary information.

Withdrawal of consent or refusal of further treatment is the prerogative of the patient.
If you require access to your medical records in making your decision, please discuss this with your medical practitioner.

You also have a right to know the costs involved before the treatment begins; and if you are unable or unwilling to meet the costs of private treatment, you can request a referral to a public hospital facility.

You should be informed of the hazards and benefits of any drug prescribed for you. All significant side effects should be disclosed.

Where proposed treatment is experimental or is to be part of medical research, the patient has the right to refuse.

 

Consent: what it means

No medical service can be carried out unless you, the patient, give permission for the service to proceed.

By consenting, you are exercising control over what happens to your body. It is your decision, therefore it is your responsibility to obtain as much information as you consider necessary. If you do not understand any detail of your condition or the procedures being used or the drugs being administered – ASK MORE QUESTIONS. If you are not sure whether you have been told all the possible risks associated with the treatment you are to receive – ASK “Are there any other ill effects that haven’t been mentioned?”

UNDERSTANDING is crucial to the decision you will make.

 

Consent in the treatment of minors

A minor (less than 18 years) requires consent from a parent or guardian before treatment can commence, with the exception of emergency or where treatment is of a minor nature. A child can consent to their own treatment as long as they are of sufficient maturity to fully comprehend and understand the consequences (this would be assessed). When a parent or guardian consents to treatment on behalf of a minor, they must be given all relevant information to assist them in their decision making.

 

Consent from the non-English speaker

Consent should only be given by the non-English speaker after an interpreter has been called in and when the patient is satisfied that enough information has been given to make an informed decision. The interpreter should preferably be someone who is familiar with medical terminology and medical procedures and practice.

 

Consent in emergencies

Where urgent treatment is required to save a patient’s life or prevent harm to his or her health and the patient is not able to consent to the required treatment at the time (for example because the patient is unconscious), the patient is deemed to have consented.

 

Experimental drugs or procedures

A patient has a legal right to be informed before subjecting themselves to experimental treatment or care. This includes experimental drugs, procedures or therapy. Should students of medicine request to view any procedure, examination or treatment, it is the patient’s right to refuse if they so desire.

 

What the consent form asks

Your written consent to one or more specific procedures or treatments.

Consent to “any other procedure considered necessary”. This usually refers to surgical treatment that was unforseen at the outset of an operation or additional treatment, that was deemed necessary.

An acknowledgement by you, the patient, that the “nature intended effects and possible unintended effects” of the procedure have been fully explained.

Consent to someone other than your usual doctor performing the procedure.

A witness signature by you.

 

Questions a patient might like to ask

– What’s wrong with me?

– Exactly what type of procedure or treatment are you proposing?

– Is there any alternative treatment?

– How long will the procedure take?

– Is it experimental?

– How much will this proceudure cost? Will my health fund cover the cost?

– What drugs will I be given and what effect will they have?

– How long will I be unwell/unable to work?

– Can I have a second opinion?

– If I sign this – what am I agreeing to?

– Can you explain everything again in terms that I can understand?

eNews

Health Consumer Connect is our monthly newsletter. It includes HCC events and updates, as well as events, news, and information that may be of interest to health consumers, carers, people with lived experience, and those working in health services.

Join our eNews and let’s make healthcare fair for all!

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Click here to read issues previous to June 2022.

Submissions

2017

Submission from health consumers councils across Australia into the Number of women in Australia who have had transvaginal mesh implants and related matters

This submission was prepared by Dr Martin Whitely, Manager Policy and Research Health Consumers’ Council (WA) with substantial assistance from Carolyn Chisholm from the Australian Pelvic Mesh Support Group, Danny Vadasz of Health Issues Centre (Victoria) and Melissa Fox, CEO of Health Consumers Queensland. The survey cited in this paper was conducted by the Health Issues Centre (Victoria).

Submission to the Therapeutic Goods Administration consultation on the use of comparable overseas regulators for the regulation of medical devices

Prepared by Dr Martin Whitely Manager of Policy and Research

Submission on Therapeutic Goods Amendment Bill 2016

Prepared by Dr Martin Whitely Manager of Policy and Research

Understanding advocacy practice in mental health a multidimensional scalogram analysis of case records

Study conducted in partnership with Murdoch University, School of Health Professions, Murdoch and Health Consumers’ Council, East Perth, Australia. Paper written in 2015 and 2016 published in 2017.

Written by Paul Morrison, Norman Stomski, Martin Whitely and Pip Brennan

Advocacy processes in mental health a qualitative study

Study conducted in partnership with Murdoch University, School of Health Professions, Murdoch and Health Consumers’ Council, East Perth, Australia. Paper written in 2015 and 2016 published in 2017.

Written by Norman Stomski, Paul Morrison, Martin Whitely, and Pip Brennan

 

2014

Regulating Pharmaceuticals in Australia – Reforms needed to deliver Transparency and Safety

Prepared by Dr Martin Whitely Manager of Policy and Research

Establishing National Priorities for Clinical Practice Guidelines in Australia

Dr Ann Jones and Dr Martin Whitely made a submission on behalf of the HCC to the Australian Commission on Safety and Quality in Health Care regarding Australian disease treatment guideline development.  The submission recommended that before any topics are prioritised for guideline development, there needs to be standardised processes to ensure the integrity of guidelines.  The submission stressed the need for transparency, and independent robust evidence in guideline development processes.

Australian Commission on Safety and Quality in Health Care Submission

Licensing and Subsidising Pharmaceuticals in Australia – Reforms needed to deliver Transparency, Safety and Value for Money

Prepared by Dr Martin Whitely Manager of Policy and Research

Transcript of Senate Select Committee on Health Hearing – Licensing and Subsidising Pharmaceuticals in Australia

Dr Martin Whitely and Dr Ann Jones gave evidence at a Senate Select Committee on Health on 10 October 2014.  Their appearance before the committee was to provide further information on the HCC submission to the Committee on the need for reforms to the way pharmaceuticals are regulated.  Martin was also able to expand on concerns that the PBS and TGA often act in the best interest of pharmaceutical companies at the expense of health consumers.

For a full transcript of the hearing click on the link.

Mental Health Bill 2013 Submission

PATS Submission

2. Care Opinion

A Game changer for consumer feedback

You can provide feedback on your WA hospital experience – good or bad RIGHT NOW on a moderated, online platform. This independent platform is on www.careopinion.org.au 

It is simple to use – and you remain anonymous while the service is identified. Once posted your story will be responded to by the service within 72 hours, for all to see. Responses are seen by many staff but also the Minister for Health, the Health Service Boards etc also see these stories. If there is a change made because of your story, that gets posted up too.


Care Opinion FAQs

WA and Care Opinion

WA is the first state to have every single public hospital as a subscriber to this nation-wide website. This means that your story will be promptly read and responded to – the usual response time is within 72 hours of it being posted. There is a Care Opinion dashboard that WA Health hosts to track the uptake and implementation. We can say as independent advocates that it is changing they way our health services listen and respond to patient feedback. In 2020 the platform was renamed Care Opinion, and combined both the Patient Opinion and Care Opinion platforms into one, which provides one entry point for WA people to provide feedback on health and social care services. The possibilities for expansion are obvious – people accessing NDIS services, aged care, disability etc. etc. – all of these could be reached more easily by consumers and carers.

The Care Opinion in WA Impact Report FY20-21 provides a snapshot of how the platform was used during the financial year.

Health Consumers’ Council is a passionate advocate for the Care Opinion platform. Care Opinion is an independent, moderated platform used nationwide and was launched in Australia in 2012. It originates from the UK and is managed by passionate not for profit professionals in the UK and Australia, with the mission of enabling “people to be able to share their experiences of health and care in ways which are safe, simple, and lead to learning and change.”

Care Opinion  allows people to share their stories, good and bad about their experience in health and human services. The Care Opinion staff moderate stories before posting them, and ensure that both parties are supported to have a positive, effective safety and quality discussion. Care Opinion Australia asks the health service to respond to the feedback you share, and supports them in that process. The data remains yours – should you later wish to remove your story, you can. It is published under what is known as a creative commons licence. Care Opinion works on a subscription basis, with services purchasing a licence to use it.

Sustainable Health Review and Care Opinion

The Sustainable Health Review ‘s Recommendation Four commits to new approaches to support citizen and community partnership in the design, delivery and evaluation of sustainable health and social care services and reported outcomes

One of the identified activities is the expansion of Care Opinion which can mean a number of things:

  • More stories on the platform
  • More frontline and lower level management staff providing responses to stories
  • Expansion into WA’s social care sector

Care Opinion Virtual Q&A Event 1st June – Scotland and Care Opinion

Listen to the replay here

Watch the replay here

This Q&A Panel focused on practical insights from the experience of implementing the Care Opinion tool across Scotland’s health and social care services, from implementation to maintenance over the longer term. Prof Jason Leitch CBE is Scottish Government’s National Clinical Director of Quality & Improvement. He was joined by Shaun Maher who is Principal Lead, Quality Improvement team, NHS Education for Scotland and Strategic Adviser for Person-Centred Care and Improvement, Healthcare Quality and Strategy. Jason and Shaun shared their reflections on how embedding this tool has helped underpin a person centred health and social care system, as well as providing real life examples of the challenges and opportunities of Care Opinion.

At Care Opinion Australia’s inaugural virtual Conference held on 27th April 2021 during Patient Experience Week, Prof. Jason Leitch CBE noted that:

Care Opinion is the most important thing the Scottish Government has done for patient-centred care in the last 10 years.

He based his statement on the platform’s technical functionality and relational method of safely linking staff, system, patients and families in a way that lets organisations know what is working and what isn’t. This Q&A Panel focused on practical insights from the experience of implementing the Care Opinion tool across Scotland’s health and social care services, from implementation to maintenance over the longer term. Jason and Shaun shared their reflections on how embedding this tool has helped underpin a person centred health and social care system, and provided real life examples of the challenges and opportunities of Care Opinion.

Consumer Experience of Care Opinion

Watch this 8 minute video of Amelia explaining how she used the tool to create positive change in our health services (starts at .55 – video runs 8.5 minutes)

This service is not related to the Health Consumers’ Council. If you click one of the Care Opinion links below, you will be leaving the Health Consumers’ Council website.

For more information about Care Opinion visit www.careopinion.org.au.

Training, workshops & events


About HCCWA training and workshops

We offer a range of different workshops to support you in your journey to becoming an effective, connected consumer representative. We also support health care staff through our workshops to develop skills, awareness and strategies for partnering with health consumers. Some of our workshops are eligible for CPD points towards active learning hours for nursing staff.

Most of our workshops can also be delivered on a bespoke fee for service basis – contact us at engagement@hconc.org.au to discuss your interest.

  • Acknowledging Country Workshop – developed to support people to think about, design and confidently deliver a meaningful Acknowledgment.
    • Online via Zoom, join us from anywhere in the country
  • Health consumer, carer & community networking – a networking opportunity and a chance to update on what we are seeing in the health system for all consumers, carers and community members working with the health system as representatives, advisors and similar. We run these events as hybrid – you can choose whether to attend in person, or join online. Contact us at engagement@hconc.org.au to register your interest

  • Introduction to Consumer Representation Training – Consumer Representatives play an integral role in the Australian health care system. They provide vital information and ideas from a service user’s perspective, to health services and government committees. This introductory course will help you get started on your Consumer Representative journey.

Find out more about these events:

Consumer, Carer, Family and Community Representative Networking

Find out more about this network here.

Click here to sign up to our mailing list to be kept informed.

Consumer Representative Training

Introduction to Consumer Representation

These sessions are run approximately every 6 months.

If you have any questions about these sessions please email info@hconc.org.au

Consumer  Leadership Academy (previously Advanced Consumer Representation Training)

If you have any questions about the Consumer Leadership Academy, please email info@hconc.org.au

Cultural diversity

Diversity Dialogues

The Diversity Dialogues seminar series has been developed by HCC for consumers and health service providers to explore ways to develop hospital services and patient care strategies that respond to cultural diversity.  Diversity Dialogues comprise a panel discussion where the panelists are from a range of cultural backgrounds, who share their knowledge and experiences around culturally aware practice, building culturally inclusive services and discussing the importance of cultural awareness in best practice.  Please email info@hconc.org.au to be added to our mailing list for future events.

Training for health service staff

Supporting Cultural Diversity in Healthcare 

Western Australia enjoys one of the most culturally diverse populations in Australia. To assist healthcare workers and providers to deliver services that are equitable, Health Consumers’ Council has developed this workshop to enable health workers to provide culturally inclusive services that support patient-centered care.  The workshop will provide participants with the opportunity to deliver a culturally competent service.  Workshop duration – 3 hours.

Workshops on partnering and engagement with consumers – for health service staff

If you would like us to present to a group of staff in your health services, please contact info@hconc.org.au 

There may be a fee for this.

Watch the recordings

Introduction to using Zoom and online meetings

In light of social distancing measures , and the need for people to take part in online meetings, we ran a couple of workshops in 2020 to introduce consumer representatives to some of the features of online meetings, and the Zoom platform in particular.

You can access the recordings of those sessions here, as well as the slides that were used.

Policy/Consultation Submissions & Partnerships

HCC is the WA Peak Independent Health Consumer Organisation. There are usually a number of policies, consultations and reform agendas happening at state and local level, and this page aims to track key policies and reforms that are being worked on by HCC.  This page aims to keep track of:

  • current strategies/drafts/consultations/policies HCC is responding to/are open for consumer feedback
  • current partnerships & collaborations
  • current campaigns we are supporting
  • current issues we are commenting on publicly

 

Position Statements/Public Comments

We have been reviewing and developing Position Statements on a range of issues. Please contact us with any queries as we are aware that this resource-intensive activity could always be improved.

See current Position Statements here

See most recent blog posts here

See Media Releases here

 

Current items open for response:

National Stigma & Discrimination Strategy – Closes 1 February 2023

 

National Dementia Action Plan Public Consultation – Closes 31 January 2023

 

Intellectual Disability Health Core Capabilities Consultation Survey – Closes 27 January 2023

 

Want to find more? Check out the State and Federal consultation pages below:

Australian Department of Health & Aged Care Consultations

 

WA Department of Health Consultations

 

National Mental Health Commission Consultations

 

Current Partnerships:

Coming soon!

 

Current Campaigns we are involved with:

The Health Consumers’ Council have officially partnered in supporting the “Racism. It Stops With Me” Campaign. We are committed to anti-racism and are beginning this journey internally, through completing the Workplace Cultural Diversity Tool, developing recommendations and a plan around internal development, and then reaching into the community for systemic advocacy focused on health with an emphasis on anti-racism in action and highlighting living experience and expertise.

Racism. It Stops With Me is a national anti-racism campaign of the Australian Human Rights Commission. It is one of many campaigns and initiatives working to increase awareness of racism, and equip more Australians with tools to address it.

The Racism. It Stops With Me website provides information on the campaign and resources to support learning about and action against racism.

 

Other campaigns we are supporting:


Call It Out - First Nations Racism Register

Health Consumers’ Council also supports the Call It Out Register.

The register provides a simple and secure way for people to report or ‘call out’ incidents of racism and discrimination toward First Nations Peoples. The data is held securely by the Jumbunna Institute. Information is collected and held in confidence to be used on an anonymous basis within published research and statistical reporting of racism. No individual will ever be identified.

Its purpose is to collect information on racism, including how it is experienced, how often it is occurring and the impact it is having on people. This information will inform evidence-based research that enables us to report on racism and its impacts, inform anti-racism action, support the response of First Nations organisations and leaders and educate the wider community. Their aim is to prepare an annual public report outlining frequency and nature of reported incidents of racism. We see the First Nations Racism Register as a long term project that can progressively impact public policy into the future.

Call It Out – 6 Month Report into Reported Nation-Wide Racism

 


The National Raise The Age Campaign

Health Consumers’ Council also stands with the National Raise the Age Campaign.

The WA branch of this campaign is run by Social Reinvestment WA in partnership with Change the Record.

In WA, we send children as young as 10 to prison.

We need to Raise The Age of Criminal Responsibility to at least 14.

Everybody wants their children to thrive. No child should be sent far away from their family, community, and culture. Instead, we should be supporting them.

As a community, we have a responsibility to care for the most vulnerable. Especially children.
When a young person ends up in prison it is society that is failing- to teach them, to protect them, to provide for their basic needs.
By raising the age to 14, we can ensure that young children get the support they need and are empowered to create their own future.

A majority of Australians (72%) believe Australian politicians should be guided by the medical experts when deciding on how to respond to children’s behaviour.
The medical and scientific evidence to raise the age of criminal responsibility is overwhelming.

  • See the Royal Australian College of Pediatricians paper here.

Why Raise The Age?

2021 Raise The Age Report


 

Consumers Health Forum

The Consumers Health Forum of Australia (CHF) is the national peak organization representing Australian health consumers and their local organizations. With over a hundred organizations in its membership, including the Health Consumers’ Council of Western Australia as a voting member, CHF has overall responsibility for coordinating national policy and promoting the interests of Australian health consumers.

Rather than duplicate the work of CHF in producing policy documents, HCC coordinates the contribution of W.A. consumers, both groups and individuals, to the development of health policy and planning, research and health service delivery, through education, advocacy, dissemination of information and through facilitating consumer participation.

For more information about the CHF, or to access or order copies of CHF policy publications, such as position statements, submissions and information papers, please go to the CHF website: www.chf.org.au.

Staff

Leadership Team

Clare Mullen – Executive Director

Clare joined HCC in September 2018 and took on the role of Executive Director in May 2023. Her passion for consumer advocacy comes from her own experience of an adverse event in the UK and how difficult she found it to get answers for herself when she was seen to be challenging “the system”.

Clare’s background is in change management and communications in the health and social care sector in the UK and Australia. At the WA Department of Health she worked with Health Networks, Activity Based Funding and Management and in the safety and quality team. At the WA Primary Health Alliance she was the Operations Manager for Perth North Primary Health Network. In the UK, she worked on a national frontline leadership program in the National Health Service which brought frontline staff and consumers together to work on improving health services in their local area.

She is passionate about creating opportunities for people who use the health system and people who work in the health system to work together to improve health outcomes. She is trained in change management, project management, facilitation and Gestalt therapy.

Outside of HCC, she is on the Board of the national Weight Issues Network, a consumer-led advocacy group for people impacted by weight issues, and is Chair of the Medical Advisory Board at Curtin University. In her spare time, she loves listening to podcasts, watching British crime dramas, and doodling with thread.

Connect with Clare on LinkedIn

Sally Harrison – Development Manager

Sally is a marketing, communications and business development professional with extensive experience helping organisations grow their brands, attract new clients and identify strategic opportunities across corporate and not-for-profit sectors.

She spent 15 years in the finance industry, working in institutional and retail investment in London and at Macquarie Bank in Australia, before transitioning to the not-for-profit sector in 2012. Since then, she has held roles with Mission Australia, Centacare, EON Foundation, and Kiind (formerly Kalparrin).

At Health Consumers’ Council WA, Sally focuses on building and nurturing key partnerships, identifying new business opportunities and supporting initiatives that drive sustainable growth.

Having supported family members through complex health and aged care systems, Sally understands firsthand how critical the right guidance and support are in navigating these often complicated and frustrating processes, particularly when patients and their loved ones are at their most vulnerable.

Passionate about empowering health consumers and their families, she finds it deeply rewarding to work alongside a small but dedicated team committed to helping people understand their rights, access essential care and confidently advocate for themselves and their families.

Sally holds a Master of Business Administration (MBA) from Heriot-Watt University, Scotland and is a proud mum of two.

Samantha – Advocacy Manager

Sam first came to HCC in February 2019 as a social work student on placement within the advocacy team, and was later offered a permanent position within the team. In late-2021 Sam started as the Acting Senior Advocate, and formally moved into the role in 2022. Previous to Sam’s experience at HCC, she spent nine years working in the disability field as an education assistant and a community support worker. Through Sam’s experience, she recognises the importance of having the consumer at the heart of the situation, and brings with her a strong sense for social justice.

Tania Harris –  Advocacy and Engagement Manager, Aboriginal and Disability Engagement Lead

Tania is an Aboriginal woman originally from Queensland. Prior to coming to the Health Consumers’ Council, Tania worked on various Aboriginal programs from ear health to parenting support. She has a special interest in the areas of disability and young people, and how their engagement and empowerment in the health system can be supported and encouraged from an early age. In addition to her role as Engagement Manager, Tania is also covering the role of Advocacy Manager while Samantha is on maternity leave.

Individual Advocacy Team

Chrissy – Senior Advocate

Chrissy is passionate about being master of your own health. Ensuring people know their rights and what tools are available in our healthcare system can improve their journey through the WA health system. Chrissy enjoys supporting consumers while they navigate challenges in the health system.

In 2011 Chrissy joined HCC. Before this she was advocating for people with Hepatitis C and drug/alcohol issues, ran a successful natural therapies clinic called Head for Health Natural Therapies for 7 years, completed general nursing training, and assisted people with an intellectual disability to become more independent. She also is a mum and grandmother.

Chrissy believes healthy eating and keeping active is the cornerstone to health. She cycles almost every day, swims, and loves to dance.

Jenni – Senior Information and Advocacy Officer

Jenni has been with Health Consumers’ Council since 2018, working in a range of roles across the organisation. She is passionate about supporting health consumers and helping people navigate the healthcare system.

Before joining Health Consumers’ Council, Jenni worked in the not-for-profit and medico-legal sectors in roles including victim support, housing support, domestic and family violence support, paralegal, and medico-legal claims management. Drawing on her experience in both the community and legal sectors, she enjoys working alongside consumers to help them understand their options, overcome barriers, and feel more confident when engaging with health services.

Kerrie – Senior Advocate

Kerrie joined HCC in August 2017. After working for 9 years for the medical health industry as a laboratory technician, she gained knowledge of the physical ailments that affect patients in the hospital system. Driven by a passion for helping others, a career change saw her achieve a degree in social science, specialising in counselling. Kerrie is dedicated to supporting people with their health and well-being and has a strong desire to help vulnerable people in the community.

As a member of the advocacy team, Kerrie can use her knowledge of both the medical health industry, and her mental health profession to assist consumers to navigate the healthcare system. Kerrie is passionate about self-care for herself and others. She believes that keeping a healthy balance of eating well, exercise, enjoying the great outdoors, and spending quality time with family and friends is the foundation of her own well-being.

Corporate, Communications and Development Team

T.A. – Communications & Marketing Coordinator

As Communications and Marketing Coordinator at the Health Consumers’ Council WA, Terri Anne (T.A.) develops and delivers communications that help Western Australians understand their healthcare rights, connect with opportunities to have their voices heard and engage with HCCWA’s mission.

She plans and coordinates HCCWA’s communications and marketing across digital and in person activities. Her work includes content strategy, campaign planning, website management, social media, email marketing, graphic design, photography, video production and editing, and the promotion of events, workshops and consumer engagement opportunities.

With a background in graphic design, digital marketing and business administration, she has worked across government, corporate and not for profit sectors. She enjoys translating complex health topics into clear, accessible information and using strategic communication to amplify consumer voices and support a fairer, safer and more person centred healthcare system for everyone in Western Australia.