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Legal matters

Medical investigation (non invasive) done without consent

6 replies

rebl · 08/05/2011 19:40

Where do we stand on this? We expressly gave written refusal for our dd to have hearing screaning done at school. It was still done and they have written to us telling us that they intend to retest because she failed (she was born deaf so of course she failed). Although no harm done per se it was done without consent, in fact against our written refusal. There is, in our opinion, a failing in the system used here which assumes consent has been given unless they recieve the slip back saying consent has been refused. Clearly this never got to the person doing the tests and so it was assumed that consent was not refused. We are now totally untrusting of the school health system and will probably totally disengage from it if possible. But before we do we would like to ensure that this can't happen to others or worse still others get an injection that the parents returned the slip for refusing consent. We feel that we need legal advice really. We don't have the slip obviously and the dr who carried out the test can't prove consent as it was never given. Where do we stand?

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darleneoconnor · 08/05/2011 20:30

Have you made an official comlaint to the school?

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rebl · 08/05/2011 20:45

Letter going into school tomorrow but all letters we've had regarding it are on NHS letter headed paper which gives us the impression its NHS responsibility and the school merely provides the location. The school do handle all the letters though and the slip refusing consent went through the class teacher (as instructed on the letter from the NHS).

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BettyBloomfield · 10/05/2011 21:46

It is the job of the NHS screener to confirm they have consent.

If the teacher is responsible for confirming all have consented (this should be agreed in writing by all involved) then the teacher has erroneously consented against your wishes.

Establish who is at fault (who failed to establish consent) then tackle them

A physical exam without consent is assault

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scaryteacher · 11/05/2011 22:34

Contact the screeners who came into school and point out (in words of one syllable) that retesting won't make a difference as your dd was born deaf and that the consultant (I presume she has one) is well aware of the problem.

Ask for an address and details of their manager to complain to as you had refused permission and you will be taking this further.

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legaleagle2 · 16/05/2011 09:56

"A physical exam without consent is assault"

Not so - it depends on the circumstances. A medic arriving at the scene of a RTA and finding an unconscious person would do a physical examination without consent.

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BettyBloomfield · 16/05/2011 20:30

I agree. So what about the circumstances described here where a planned screening was arranged and consent requested.......... and not given?
(which is what I was referring to)

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