East Cheshire NHS Trust CNSG 009 Guidelines for Insertion and Management of Gastrostomy Tubes Page 44 of 172
Created by Maggie Allen October 2010. Updated July 2015.
Serious medical treatment is defined in the Mental Capacity Act 2005 (Independent Mental
Capacity Advocates) (General) Regulations 2006 as treatment which involves providing,
withdrawing or withholding treatment in circumstances where one or more of the following apply:
in a case where a single treatment is being proposed, there is a fine balance between its
benefits to the patient and the burdens and risks it is likely to entail for them
in a case where there is a choice of treatments, a decision as to which one to use is finely
balanced
what is proposed would be likely to involve serious consequences for the patient.
The MCA Code of Practice states that ‘serious consequences’ may include treatment options
which:
cause serious and prolonged pain, distress or side effects
have potentially major consequences for the patient (for example, major surgery or
stopping life-sustaining treatment)
have a serious impact on the patient’s future life choices. back to index
Patients who have been referred for PEG and lack capacity for decision making and do not have
any family or friends with whom it is ‘appropriate to consult’ about the decision, should be referred
to an IMCA as they fall within several of the above criteria. The IMCA ensures that the Decision
Maker (clinician) considers what the wishes and beliefs of that person would be when deciding
what course of action to take. This is done by questioning all the people involved with that person,
investigating the medical condition and treatment options and making recommendations based on
these findings. This statutory IMCA service is provided by qualified Independent Mental Capacity
Advocates.
For further information please contact East Cheshire Advocacy on:
Tel. 01625 534889
Online. www.ecadvocacy.co.uk
Email:
[email protected]
East Cheshire Advocacy, 81 Park Lane, Macclesfield, SK11 6TX.
If an individual is assessed as lacking capacity to give informed consent, the ‘Form for adults who
are unable to consent to investigation or treatment’ (Consent Form Four) should be completed.
The form should be signed by the clinician in charge of care, the clinician undertaking the
procedure and the patient’s family/carers to indicate that they have been involved in the discussion
process. If the family are unable to sign the form, there should be documented evidence in the
patient’s medical notes regarding the discussion process.
5.2 Multidisciplinary team (MDT) approach back to index
For patients who lack capacity to make an informed choice, there are potentially difficult ethical
decisions to be made. Each patient considered for PEG feeding should be assessed on his or her
own merits. They may not fall within the above criteria. The decision should be made within an
MDT approach and based on the patient’s best interests. The team should consist of healthcare
professionals involved with the patient, e.g. speech and language therapist, dietitian, doctor
(including GP if appropriate), nurse (ward level and specialist), physiotherapist, occupational
therapist, social worker, community carers. Where the situation is particularly complex, or the MDT
decision is equivocal, consider referral to the palliative care consultant.