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Guidance For Podiatrists - Halton and St Helens PCT

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Clinical Guideline<br />

GUIDELINES FOR NAIL SURGERY<br />

<strong>Guidance</strong> for <strong>Podiatrists</strong><br />

<strong>For</strong> use in:<br />

All areas of the Trust<br />

<strong>For</strong> use by:<br />

All <strong>PCT</strong> staff<br />

Used for:<br />

All <strong>PCT</strong> staff<br />

Document Owner:<br />

Podiatry department<br />

Board approved:<br />

Approved Clinical Governance Workstream<br />

Policy Indexed<br />

ClinPol10<br />

Controlled Document No<br />

HSH<strong>PCT</strong>/Clinpol/10<br />

Version Number 3<br />

<strong>St</strong>atus:<br />

Clinical Guideline<br />

<strong>St</strong>atutory <strong>and</strong> legal requirements<br />

Implementation Lead<br />

Implementation Process<br />

Healthcare Commission <strong>St</strong><strong>and</strong>ards for Better<br />

Health<br />

Regulations (1992) H<strong>and</strong>ling Home Care HSE<br />

(2001)<br />

Head of Podiatry<br />

Policy to be circulated to all staff<br />

Training programme to support clinical <strong>and</strong><br />

non-clinical staff<br />

The Trust is committed to an environment that promotes equality <strong>and</strong> embraces diversity<br />

both within our workforce <strong>and</strong> in service delivery. The document should be implemented<br />

with due regard to this commitment<br />

This document seeks to uphold the duties <strong>and</strong> principles contained within the Mental<br />

Capacity Act. All <strong>St</strong>aff within the <strong>PCT</strong> should be aware of its implications<br />

This <strong>Guidance</strong> is due for review in Aug 2009<br />

After this date, guidance <strong>and</strong> process documents may become invalid. <strong>Guidance</strong> users<br />

should ensure that they are consulting the current version of this document.<br />

Issue Date: Aug 07 Author: Author: Head of Podiatry<br />

Review Date: Aug 09 Lead Director: Lead Director: Director Provider Services Page1of 6


Contents<br />

Page No<br />

1 Rationale 3<br />

1.1 Related Trust Policies 3<br />

1.2 List of Equipment 3<br />

1.3 Risk Assessment <strong>and</strong> COSHH 4<br />

1.4 Training 4<br />

2 General principles – Procedure for Nail Surgery 5<br />

2.1 Referrals 5<br />

2.2 History <strong>and</strong> Pre-operative assessment 5<br />

2.3 Consent 6<br />

2.4 Preparation of Area 6<br />

2.5 Decontamination of Instruments 7<br />

2.6 Decontaminating H<strong>and</strong>s <strong>and</strong> Protective Clothing 7<br />

2.7 Procedure 8<br />

2.8 Dressings <strong>and</strong> Post op Information 9<br />

2.9 Operation Report 9<br />

3 Audit 10<br />

4 Management of Guidelines <strong>and</strong> 10<br />

5 References 10<br />

Appendices<br />

1. Rationale<br />

Issue Date: Aug 07 Author: Author: Head of Podiatry<br />

Review Date: Aug 09 Lead Director: Lead Director: Director Provider Services Page2 of 10


The condition of in-growing toenail (onychocryptosis) usually affects the hallux nail,<br />

<strong>and</strong> is most commonly seen between the ages of fifteen <strong>and</strong> forty years, with a male<br />

to female predominance of about 3:1 ( Davies C S 1993). Since the introduction of<br />

Local Anaesthesia (LA) into Podiatry practice in 1972, the principle management for<br />

onychocryptosis has been the ablation of the nail matrix using Liquefied Phenol B.P.<br />

either partially or total (McCourt F J. 1999).<br />

This guidance is intended to ensure that podiatry staff undertaking nail surgery<br />

employed by <strong>Halton</strong> <strong>and</strong> <strong>St</strong> Helen’s <strong>PCT</strong> do so safely for both patients <strong>and</strong><br />

themselves meeting the objectives listed in the policy statement.<br />

<strong>Halton</strong> <strong>and</strong> <strong>St</strong> <strong>Helens</strong> <strong>PCT</strong> podiatry department is committed in offering patients this<br />

specialist nail surgery in a community setting. The objective of nail surgery is to<br />

permanently resolve the condition of onychocryptosis by either total or partial nail<br />

avulsion with nail matrix ablation.<br />

1.1 Related trust Policies<br />

Record Keeping Policy (2006)<br />

Consent Policy (2007)<br />

Clinical Guidelines for use of Sc<strong>and</strong>onest 3% in Children plus LA for adults (2005)<br />

PGD for Adrenaline (2005)<br />

Latex Policy (2005)<br />

Infection Control Policy<br />

Policy on use of <strong>St</strong>erilizers<br />

1.2 List of Equipment<br />

Thwaites Nippers, Blacks file, McKay Nail elevator, Spencer-wells <strong>For</strong>ceps, Mosquito<br />

forceps, Locke elevator, No 3<br />

Scalpel h<strong>and</strong>le, small <strong>and</strong> large tube gauze applicators, scissors, beaver h<strong>and</strong>le, dental<br />

cartridge syringe tourniquets.<br />

Issue Date: Aug 07 Author: Author: Head of Podiatry<br />

Review Date: Aug 09 Lead Director: Lead Director: Director Provider Services Page3 of 10


1.3 Risk assessment <strong>and</strong> COSHH (1988)<br />

• The North West Regional Sub-group <strong>and</strong> infection control nurses support the use<br />

of a disposable pastette for applying the phenol to the sulcus. It is imperative that<br />

they are discarded in yellow bag.<br />

• <strong>For</strong> staff that use the dropper bottle, this is still acceptable as the risk of cross<br />

infection is very low.<br />

• A full risk assessment<br />

•<br />

1.4 Training<br />

• Newly qualified staff should not work alone with a podiatry assistant for a period<br />

of 12 months/20 procedures without being supervised by a senior podiatrist with<br />

sufficient nail surgery experience. During this period all types of nail surgery<br />

should be undertaken.<br />

• All clinicians performing N/S to undertake 10 nail op procedures each year.<br />

Retraining to be offered if this is not met.<br />

• All staff to undertake retraining each year in resuscitation, dealing with<br />

anaphylaxis <strong>and</strong> administration of adrenalin.<br />

Issue Date: Aug 07 Author: Author: Head of Podiatry<br />

Review Date: Aug 09 Lead Director: Lead Director: Director Provider Services Page4 of 10


General Principles<br />

PROCEDURE FOR NAIL SURGERY<br />

ACTION<br />

2.1 Referrals<br />

All referrals from trust podiatry staff can be<br />

booked into nail surgery clinics directly via the<br />

podiatry office at Victoria House.<br />

All referrals from other sources i.e. self/primary<br />

health care team should be provisionally<br />

assessed for suitability for nail surgery in the<br />

emergency clinics at HCRC or Hallwood. If nail<br />

surgery is required, the patients can be booked<br />

into nail surgery clinics via the podiatry office at<br />

Victoria House.<br />

2.2 History<br />

ACTION<br />

Basic pre-op information, including what happens<br />

during the procedure, re-growth rate (1% @ last<br />

audit), healing time, time off work/school, not to<br />

drive after the procedure, should be given<br />

verbally <strong>and</strong> in writing by means of a patient<br />

information leaflet<br />

Record name, address, Date of birth, telephone<br />

number, General Practitioner <strong>and</strong> presenting<br />

condition.<br />

Undertake primary assessment.<br />

Pulses – if absent test with Doppler – if still<br />

absent or weak monophasic, then nail surgery is<br />

not advisable.<br />

Undertake medical history including blood<br />

disorders, sickle cell, hepatitis, infection not<br />

responded to antibiotics, diabetes, neurological,<br />

heart disease, Raynaulds, Epilepsy, respiratory<br />

condition, pregnancy, kidney problems, allergies,<br />

arthritis, skin conditions, previous Local<br />

Anaesthetic.<br />

Current medication including over the counter,<br />

herbal steroids/anticoagulants in the last 6<br />

months. Smoker.<br />

Indicate what procedure is indicated.<br />

RATIONALE<br />

RATIONALE<br />

To ensure patient is properly informed.<br />

To comply with good record keeping<br />

practice.<br />

To ensure patient is suitable for surgery.<br />

To ensure patient is suitable for surgery<br />

Minimising any risk<br />

To inform patient<br />

Issue Date: Aug 07 Author: Author: Head of Podiatry<br />

Review Date: Aug 09 Lead Director: Lead Director: Director Provider Services Page5 of 10


2.3 Consent<br />

Full informed consent in writing should be<br />

obtained from the patient (parent or guardian if<br />

under 16) for the administration of the local<br />

anaesthetic <strong>and</strong> operative procedure.<br />

ACTION<br />

Consent should include what procedure is to be<br />

carried out, a statement which conveys that the<br />

procedure has been explained in terms that the<br />

operator judges the patient/parent or guardian<br />

have understood, a space for the operator to sign<br />

<strong>and</strong> date this statement, a statement that states<br />

the patient/parent or guardian has had the<br />

procedure explained <strong>and</strong> that they agree to it,<br />

<strong>and</strong> a space for the signature of the<br />

patient/parent or guardian.<br />

High-risk patients should not have nail surgery<br />

performed on a Friday, while the service runs<br />

Monday to Friday hours.<br />

High-risk patients should have their medical<br />

circumstances checked out via letter to their<br />

consultant/GP. Patients taking Warfarin, their<br />

INR’s should be around 2.<br />

Consultants/GPs should have notification of the<br />

problems that may occur from a high-risk patient<br />

having nail surgery – LA/phenol/tourniquet/post<br />

op bleeding/healing/immune problem.<br />

Adrenalin should be available during procedure.<br />

2.4 Preparation of Area<br />

ACTION<br />

The general area where nail surgery is carried out<br />

should be dust free, have good ventilation, <strong>and</strong><br />

have a minimal amount of people entering during<br />

a session.<br />

The room to be used is made ‘clean’, i.e. the<br />

chair, lamp, unit, <strong>and</strong> any other surfaces such as<br />

window ledges are swabbed thoroughly. A<br />

general-purpose detergent (Hospec) <strong>and</strong> hot<br />

water (5ml per 5 litres hot water) is adequate for<br />

general environmental cleaning.<br />

Prepare the trolley <strong>and</strong> patient chair with blue<br />

paper roll.<br />

To ensure that the patient/parent or<br />

guardian is aware of what the procedure<br />

involves, its risks, side effects of LA,<br />

outcome <strong>and</strong> average healing time.<br />

Patients/parents or guardian should be<br />

issued with a patient information sheet on<br />

nail surgery on their initial assessment<br />

appointment.<br />

RATIONALE<br />

To comply with Trust Consent Policy.<br />

As weekend cover not available.<br />

In order to ascertain their suitability for nail<br />

surgery.<br />

So that any necessary counter measures<br />

can be taken<br />

In case of emergency<br />

RATIONALE<br />

To minimise risk of infection.<br />

To minimise risk of infection.<br />

Issue Date: Aug 07 Author: Author: Head of Podiatry<br />

Review Date: Aug 09 Lead Director: Lead Director: Director Provider Services Page6 of 10


Between each patient the chair <strong>and</strong> unit should<br />

be cleaned with a detergent (Hospec) <strong>and</strong> hot<br />

water.<br />

Use one dedicated sink only for cleaning<br />

instruments.<br />

2.5 Decontamination of Instruments<br />

ACTION<br />

Instruments must be washed in hot water <strong>and</strong> a<br />

detergent (Hospec). A dedicated scrubbing brush<br />

can be used for scrubbing the instruments under<br />

the surface of the water. Instruments must not be<br />

scrubbed in running water or above the surface of<br />

water as this can create an aerosol.<br />

All instruments used should be autoclaved prior<br />

to use. Instruments must be placed on trays<br />

provided without overloading. Instruments must<br />

not touch each other. Hinged instruments must<br />

be opened out, while instruments with a lumen,<br />

i.e. beaver h<strong>and</strong>le should be fully undone.<br />

Remove sterile instruments on their tray to a<br />

clean area prior to use. Do not place by the sink<br />

as this area may be contaminated by the water<br />

used in cleaning the instruments <strong>and</strong> h<strong>and</strong><br />

washing.<br />

2.6 Decontaminating H<strong>and</strong>s <strong>and</strong> Protective<br />

Clothing – Decontamination of h<strong>and</strong>s is the<br />

single most important factor in preventing cross<br />

infection. Both operator <strong>and</strong> assistant should<br />

“scrub up” before <strong>and</strong> after procedure<br />

Decontaminate h<strong>and</strong>s in accordance with<br />

the <strong>PCT</strong> H<strong>and</strong> Decontamination Policy<br />

Use one of the sinks only for h<strong>and</strong>- washing.<br />

A disposable plastic apron should be worn.<br />

The operator should wear sterile surgical gloves<br />

during the nail surgery procedure, however the<br />

assistant’s gloves need not be sterile.<br />

Eye protection should be available to staff<br />

carrying out nail surgery.<br />

Surgical face masks do not protect staff from<br />

phenol fumes, but should be made available<br />

should staff wish to use them<br />

To prevent cross infection.<br />

To prevent contamination from other<br />

sources.<br />

RATIONALE<br />

May be a vector of cross infection to staff.<br />

To comply with Trust policy for use of<br />

sterilizers<br />

To minimise risk of infection.<br />

In order to reduce the risk of cross<br />

infection.<br />

To prevent h<strong>and</strong> contamination from used<br />

instruments.<br />

To protect clothing.<br />

To ensure sterile procedure.<br />

To protect eyes.<br />

In order to reduce the risk of cross infection.<br />

Issue Date: Aug 07 Author: Author: Head of Podiatry<br />

Review Date: Aug 09 Lead Director: Lead Director: Director Provider Services Page7 of 10


2.7 Procedure in case of emergency.<br />

Adrenalin should be to h<strong>and</strong> before LA is<br />

administered.<br />

Explain to the patient that an injection is given to<br />

both sides of the toe.<br />

Check the name, form, strength, batch No, <strong>and</strong><br />

expiry date of the LA. Check the needle seal has<br />

not been broken.<br />

The patient should be reclined for the LA <strong>and</strong><br />

procedure, unless medically unfit (i.e. angina).<br />

Administer the LA warning the patient when the<br />

needle is to be inserted, <strong>and</strong> that they need to<br />

keep still. Non-sterile gloves should be worn for<br />

this procedure.<br />

Aspirate to check the needle has not been<br />

inserted into a blood vessel if continuous<br />

administration has not been used. Keep fingers<br />

clear of the posterior aspect of the toe – use skin<br />

blanch as a guide.<br />

At the end of the procedure remove the needle<br />

<strong>and</strong> discard into sharps bin along with the used<br />

cartridge.<br />

Allow sufficient time for the toe to become<br />

anaesthetized. Test this by using a probe/neuro<br />

tip over the area to be treated. If achieved,<br />

discard gloves, put on apron, <strong>and</strong> protective<br />

eyewear, if using.<br />

Decontaminate h<strong>and</strong>s, dry on clean paper towels<br />

<strong>and</strong> put on sterile surgical gloves.<br />

The forefoot should be swabbed with a pre-op<br />

alcohol based solution working distally to<br />

proximally.<br />

De-vascularise the toe using a tourniquet. The<br />

assistant should time how long this is applied,<br />

which should not exceed 15 minutes.<br />

Carry out the Partial Nail Avulsion/Total Nail<br />

Avulsion, <strong>and</strong> check for completeness.<br />

The assistant applies phenol to the area of matrix<br />

to be cauterised, using the smallest amount in a<br />

pastette.<br />

The phenol should be applied for a total of 3<br />

minutes using a blacks file. The area should then<br />

be dried with sterile gauze.<br />

Phenol is washed out with Isopropyl Alcohol.<br />

Tourniquet is removed <strong>and</strong> the toe checked for<br />

re-vascularisation <strong>and</strong> bleeding. The total time of<br />

de-vascularisation is noted.<br />

To anaesthetize the whole toe.<br />

To ensure correct drug has been selected,<br />

<strong>and</strong> not been tampered with, <strong>and</strong> to ensure<br />

expiry date has not been exceeded.<br />

To ensure patient comfort.<br />

To ensure patient comfort <strong>and</strong> to prevent a<br />

needle stick injury to staff.<br />

To prevent local anaesthetic being<br />

administered into a blood vessel<br />

intravenously. To prevent needle stick<br />

injury.<br />

<strong>For</strong> safety reasons.<br />

To ensure procedure can be carried out as<br />

painless as possible.<br />

To undertake sterile procedure.<br />

To clean area.<br />

To minimise bleeding during procedure.<br />

To prevent tissue necrosis<br />

To complete procedure.<br />

To cauterise nail matrix<br />

To ensure nail matrix is cauterised.<br />

To remove Phenol.<br />

To ensure blood supply has returned to the<br />

toe.<br />

Issue Date: Aug 07 Author: Author: Head of Podiatry<br />

Review Date: Aug 09 Lead Director: Lead Director: Director Provider Services Page8 of 10


2.8<br />

All debris <strong>and</strong> clinical waste should be disposed<br />

of in a clinical waste yellow bag, which is tied at<br />

end of session.<br />

Dressings <strong>and</strong> Post op Information<br />

ACTION<br />

The dressing immediately following the nail op<br />

should be Atrauman/ Inadine <strong>and</strong><br />

Melolin/Release (Sorbsan/Kaltostat as well if<br />

heavy bleeding). “Release” for subsequent<br />

dressings is the preference. If there are signs of<br />

infection, or if the patient has poor personal<br />

hygiene st<strong>and</strong>ards, or the patient is at risk i.e.<br />

diabetic, Inadine <strong>and</strong> Release should be used.<br />

Patient should be told what their toe will look like<br />

post op.<br />

Patient should be advised of the possibility of<br />

post op pain, <strong>and</strong> to take an appropriate painkiller<br />

if they experience any.<br />

Patient should be given a post op advice sheet<br />

with the type of procedure, LA strength <strong>and</strong><br />

amount used, dressing applied, contact<br />

telephone No <strong>and</strong> out of hours advice.<br />

The patient should be seen within 5 days<br />

maximum for re dressing, sooner if high-risk. The<br />

patient should also be advised to rest, with the<br />

foot elevated <strong>and</strong> moving it around for the rest of<br />

the day. To keep the dressing clean <strong>and</strong> dry <strong>and</strong><br />

refrain from sporting activity.<br />

After the first dressing low risk patients may be<br />

discharged. High-risk patients should be seen<br />

until wound heals.<br />

Salt-water footbaths (hypertonic solution) may be<br />

advised <strong>and</strong> spare dressings given.<br />

Operation report<br />

Care pathway.<br />

Operation report – to include: -<br />

Patients name, DOB, address, telephone No,<br />

patient No, date of op.<br />

Type of anaesthetic used, amount, strength,<br />

plain, batch No, Exp date.<br />

Tourniquet time. Box to show re-vascularisation.<br />

Health <strong>and</strong> Safety<br />

RATIONALE<br />

To follow best practice in preventing postoperative<br />

infection.<br />

To enable to decide whether they need to<br />

seek help if something isn’t right.<br />

To inform patient<br />

To inform patient <strong>and</strong> to inform other Health<br />

Care Professionals in case Out of Hours<br />

help is required.<br />

To reduce risk of post-operative infection.<br />

To minimise disruption to patients life. To<br />

monitor high-risk patients in case of<br />

complication.<br />

Can help clean wound.<br />

Issue Date: Aug 07 Author: Author: Head of Podiatry<br />

Review Date: Aug 09 Lead Director: Lead Director: Director Provider Services Page9 of 10


3. Audit<br />

• To monitor <strong>and</strong> evaluate re-growth rates.<br />

• To monitor <strong>and</strong> evaluate children who have received local anaesthesia for the<br />

purpose of nail surgery procedures.<br />

4. Management of Clinical Guidelines<br />

Written By:<br />

Date:<br />

Andrew Lythgoe/ Julie Griffiths<br />

1 st Sept 2006<br />

Ratified by:<br />

Review Date: Jan 2008<br />

5. References:<br />

McCourt F J (1999). Safety in the use of phenol for nail matrix ablation. Podiatry Now.<br />

The Society of Chiropodists & <strong>Podiatrists</strong>.410-412.<br />

Davies C S (1993). A clinical study comparing post-operative healing times following<br />

chemical nail cautery using phenol <strong>and</strong> sodium hydroxide. The Journal of British<br />

Podiatric Medicine. 101-103.<br />

Acknowledgements:<br />

Nail Surgery Clinical Supervision Group.<br />

Issue Date: Aug 07 Author: Author: Head of Podiatry<br />

Review Date: Aug 09 Lead Director: Lead Director: Director Provider Services Page10 of 10


Appendix 1<br />

Consent <strong>For</strong>m 2<br />

PODIATRY DEPARTMENT<br />

Parental agreement to investigate or treatment for a child or young person<br />

Patient details<br />

Patient’s surname/family name..…………………………..<br />

Patient’s first names .……………………………………….<br />

Date of birth ………………………………………………….<br />

Age…………………………………………………………….<br />

Childs primary carer………………………………………….<br />

Parents occupation…………………………………………..<br />

Responsible health professional.……………………………<br />

Job title ………………………………………………………..<br />

NHS number (or other identifier)……………………………<br />

Male<br />

Female<br />

Special requirements ……………………………………….<br />

(eg other language/other communication method)<br />

To be retained in patient’s notes


Name of proposed procedure or course of treatment (include brief<br />

explanation if medical term not clear)<br />

<strong>St</strong>atement of health professional (to be filled in by health professional with<br />

appropriate knowledge of proposed procedure, as specified in consent policy)<br />

I have explained the procedure to the patient. In particular, I have explained:<br />

The intended benefits<br />

Serious or frequently occurring risks<br />

I have also discussed what the procedure is likely to involve, the benefits <strong>and</strong><br />

risks of any available alternative treatments (including no treatment) <strong>and</strong> any<br />

particular concerns of this patient.<br />

The following leaflet has been provided<br />

Name (PRINT) ________________________<br />

Signature _________________________ Date __________________<br />

Job title<br />

_________________________________________________<br />

<strong>St</strong>atement of interpreter (where appropriate)<br />

I have interpreted the information above to the patient to the best of my ability<br />

<strong>and</strong> in a way in which I believe s/he can underst<strong>and</strong>.<br />

Name (PRINT) ________________________<br />

Signature _________________________ Date ___________________


<strong>St</strong>atement of patient<br />

Please read this form carefully. If your treatment has been planned in advance, you<br />

should already have your own copy of page 2 of the consent form, which describes the<br />

benefits, <strong>and</strong> risks of the proposed treatment. If not, you will be offered a copy now. If<br />

you have any further questions, do ask – we are here to help you. You have the right to<br />

change your mind at any time, including after you have signed this form.<br />

I agree to the procedure or course of treatment described on this form.<br />

I underst<strong>and</strong> that you cannot give me a guarantee that a particular person will perform<br />

the procedure. The person will, however, have appropriate experience.<br />

I underst<strong>and</strong> that I will have the opportunity to discuss the details of anaesthesia with an<br />

anaesthetist before the procedure, unless the urgency of my situation prevents this.<br />

(This only applies to patients having general or regional anaesthesia.)<br />

I underst<strong>and</strong> that any procedure in addition to those described on this form will only be<br />

carried out if it is necessary to save my life or to prevent serious harm to my health.<br />

I have been told about additional procedures, which may become necessary during my<br />

treatment. I have listed below any procedures, which I do not wish to be carried out<br />

without further discussion<br />

Name (PRINT) ________________________<br />

Signature _________________________ Date ___________________<br />

Child’s agreement to treatment (if child wishes to sign)<br />

I agree to the treatment I have been told about<br />

Name (PRINT) ________________________<br />

Signature _________________________ Date ___________________<br />

Confirmation of consent (to be completed by a health professional when the patient is<br />

admitted for the procedure, if the patient has signed the form in advance)<br />

On behalf of the team treating the patient, I have confirmed with the patient that s/he has<br />

no further questions <strong>and</strong> wishes the procedure to go ahead.<br />

Name (PRINT) ________________________<br />

Signature _________________________ Date ___________________<br />

Job title<br />

Important notes: (tick if applicable)<br />

See also advance directive/living will (eg Jehovah’s Witness form)<br />

Patient has withdrawn consent (ask patient to sign /date here)


<strong>Guidance</strong> to health professionals (to be read in conjunction with consent<br />

policy)<br />

This form<br />

This form should be used to document consent to a child’s treatment, where that consent<br />

is being given by a person with parental responsibility for the child. The term ‘parent’<br />

has been used in this form as a shorth<strong>and</strong> for ‘person with parental responsibility’.<br />

Where children are legally competent to consent for themselves (see below), they may<br />

sign the st<strong>and</strong>ard ‘adult’ consent form (form 1). There is space on that form for a parent<br />

to countersign if a competent child wishes them to do so.<br />

Who can give consent<br />

Everyone aged 16 or more is presumed to be competent to give consent for themselves,<br />

unless the opposite is demonstrated. The courts have stated that if a child under the age<br />

of 16 has “sufficient underst<strong>and</strong>ing <strong>and</strong> intelligence to enable him or her to underst<strong>and</strong><br />

fully what is proposed”, then he or she will be competent to give consent for himself or<br />

herself. If children are not able to give consent for themselves, some one with parental<br />

responsibility may do so on their behalf.<br />

Although children acquire rights to give consent for themselves, as they grow older,<br />

people with ‘parental responsibility’ for a child retain the right to give consent on the<br />

child’s behalf until the child reaches the age of 18. Therefore, for a number of years,<br />

both the child <strong>and</strong> a person with parental responsibility have the right to give consent to<br />

the child’s treatment. In law, health professionals only need the consent of one<br />

appropriate person before providing treatment. This means that in theory it is lawful to<br />

provide treatment to a child under 18, which a person with parental responsibility has<br />

authorised, even if the child refuses. As a matter of good practice, however, you should<br />

always seek a competent child’s consent before providing treatment unless any delay<br />

involved in doing so would put the child’s life or health at risk. Younger children should<br />

also be as involved as possible in decisions about their healthcare. Further advice is<br />

given in the Department’s guidance Seeking consent: working with children. Any<br />

differences of opinion between the child <strong>and</strong> their parents, or between parents, should<br />

be clearly documented in the patient’s notes.<br />

Parental responsibility<br />

The person(s) with parental responsibility will usually, but not invariably, be the child’s<br />

birth parents. People with parental responsibility for a child include: the child’s mother;<br />

the child’s father if married to the mother at the child’s conception, birth or later; a legally<br />

appointed guardian; the local authority if the child is on a care order; or a person named<br />

in a residence order in respect of the child. Fathers who have never been married to the<br />

child’s mother will only have parental responsibility if they have acquired it through a<br />

court order or parental responsibility agreement (although this may change in the future).<br />

Information<br />

Information about what the treatment will involve, its benefits <strong>and</strong> risks (including sideeffects<br />

<strong>and</strong> complications) <strong>and</strong> the alternatives to the particular procedure proposed, is<br />

crucial for children <strong>and</strong> their parents when making up their minds about treatment. The<br />

courts have stated that patients should be told about ‘significant risks, which would affect


the judgement of a reasonable patient’. ‘Significant’ has not been legally defined, but the<br />

GMC requires doctors to tell patients about ‘serious or frequently occurring’ risks. In<br />

addition if patients make clear they have particular concerns about certain kinds of risk,<br />

you should make sure they are informed about these risks, even if they are very small or<br />

rare. You should always answer questions honestly.<br />

<strong>Guidance</strong> on the law on consent<br />

See the Department of Health publications Reference guide to consent for examination<br />

or treatment <strong>and</strong> Seeking consent: working with children for a comprehensive summary<br />

of the law on consent (also available at www.doh.gov.uk/consent).


Appendix 2<br />

Consent <strong>For</strong>m 3<br />

PODIATRY DEPARTMENT<br />

Patient/parental agreement to investigation or treatment<br />

(procedures where consciousness not impaired)<br />

Patients Name………………………………………………………………………….<br />

Podiatry Number………………………………………………………………………<br />

D.O.B………………………………………………………………………………………<br />

.<br />

Name of procedure (include brief explanation if medical term not clear)<br />

------------------------------------------------------------------------------------------------------------<br />

<strong>St</strong>atement of health professional (to be filled in by health professional with<br />

appropriate knowledge of proposed procedure, as specified in consent policy)<br />

I have explained the procedure to the patient/parent. In particular, I have<br />

explained:-<br />

The intended benefits: Resolution of painful/infected toenail.<br />

Serious or frequently occurring risks: A 1% chance of re-growth of toenail.<br />

Infection. Slower healing. Localised reaction to phenol. A rare, but serious<br />

allergic reaction following the injection of a local anaesthetic. A partial nail<br />

avulsion may loosen the whole nail resulting in total, permanent nail loss.<br />

I have also discussed what the procedure is likely to involve, the benefits <strong>and</strong><br />

risks of any available alternative treatments (including no treatment) <strong>and</strong> any<br />

particular concerns of those involved.<br />

The following leaflet has been provided: Nail surgery patient information.<br />

Signed:<br />

Name (PRINT)<br />

Date<br />

Job title<br />

<strong>St</strong>atement of patient/person with parental responsibility for patient<br />

I agree to the procedure described above.


I underst<strong>and</strong> that you cannot give me a guarantee that a particular person will<br />

perform the procedure. The person will, however, have appropriate experience.<br />

I underst<strong>and</strong> that the procedure will involve local anaesthesia.<br />

Signature<br />

Date<br />

Name (PRINT)<br />

Relationship to<br />

patient<br />

Confirmation of consent (to be completed by a health professional when the patient is<br />

admitted for the procedure, if the patient/parent has signed the form in advance) I have<br />

confirmed that the patient/parent has no further questions <strong>and</strong> wishes the procedure to<br />

go ahead.<br />

Signed:<br />

Name (PRINT)<br />

Date<br />

Job title.<br />

Top copy accepted by patient: yes/no (please circle)<br />

<strong>St</strong>atement of interpreter (where appropriate)<br />

I have interpreted the information above to the patient/parent to the best of my<br />

ability <strong>and</strong> in a way in which I believe s/he/they can underst<strong>and</strong>.<br />

Signed ___________________________ Date _________________________<br />

Name (PRINT) _______________________________


<strong>Guidance</strong> to health professionals (to be read in conjunction with consent policy)<br />

This form<br />

This form documents the patient’s agreement (or that of a person with parental<br />

responsibility for the patient) to go ahead with the investigation or treatment you have<br />

proposed. It is only designed for procedures where the patient is expected to<br />

remain alert throughout <strong>and</strong> where an anaesthetist is not involved in their care: for<br />

example for drug therapy where written consent is deemed appropriate. In other<br />

circumstances you should use either form 1 (for adults/competent children) or form 2<br />

(parental consent for children/young people) as appropriate.<br />

Consent forms are not legal waivers – if patients, for example, do not receive enough<br />

information on which to base their decision, then the consent may not be valid, even<br />

though the form has been signed. Patients also have every right to change their mind<br />

after signing the form.<br />

Who can give consent<br />

Everyone aged 16 or more is presumed to be competent to give consent for themselves,<br />

unless the opposite is demonstrated. If a child under the age of 16 has “sufficient<br />

underst<strong>and</strong>ing <strong>and</strong> intelligence to enable him or her to underst<strong>and</strong> fully what is<br />

proposed”, then he or she will be competent to give consent for himself or herself.<br />

Young people aged 16 <strong>and</strong> 17, <strong>and</strong> legally ‘competent’ younger children, may therefore<br />

sign this form for themselves, if they wish. If the child is not able to give consent for<br />

himself or herself, some-one with parental responsibility may do so on their behalf. Even<br />

where a child is able to give consent for himself or herself, you should always involve<br />

those with parental responsibility in the child’s care, unless the child specifically asks you<br />

not to do so. If a patient is mentally competent to give consent but is physically unable<br />

to sign a form, you should complete this form as usual, <strong>and</strong> ask an independent witness<br />

to confirm that the patient has given consent orally or non-verbally.<br />

When NOT to use this form (see also ‘This form’ above)<br />

If the patient is 18 or over <strong>and</strong> is not legally competent to give consent, you should use<br />

form 4 (form for adults who are unable to consent to investigation or treatment) instead<br />

of this form. A patient will not be legally competent to give consent if:<br />

• they are unable to comprehend <strong>and</strong> retain information material to the decision <strong>and</strong>/or<br />

• they are unable to weigh <strong>and</strong> use this information in coming to a decision.<br />

You should always take all reasonable steps (for example involving more specialist<br />

colleagues) to support a patient in making their own decision, before concluding that<br />

they are unable to do so. Relatives cannot be asked to sign this form on behalf of an<br />

adult who is not legally competent to consent for himself or herself.<br />

Information<br />

Information about what the treatment will involve, its benefits <strong>and</strong> risks (including sideeffects<br />

<strong>and</strong> complications) <strong>and</strong> the alternatives to the particular procedure proposed, is<br />

crucial for patients when making up their minds about treatment. The courts have stated<br />

that patients should be told about ‘significant risks which would affect the judgement of a<br />

reasonable patient’. ‘Significant’ has not been legally defined, but the GMC requires<br />

doctors to tell patients about ‘serious or frequently occurring’ risks. In addition if patients<br />

make clear they have particular concerns about certain kinds of risk, you should make<br />

sure they are informed about these risks, even if they are very small or rare. You should


always answer questions honestly. Sometimes, patients may make it clear that they do<br />

not want to have any information about the options, but want you to decide on their<br />

behalf. In such circumstances, you should do your best to ensure that the patient<br />

receives at least very basic information about what is proposed. Where information is<br />

refused, you should document this overleaf or in the patient’s notes.<br />

The law on consent<br />

See the Department of Health’s Reference guide to consent for examination or treatment<br />

for a comprehensive summary of the law on consent (also available at<br />

www.doh.gov.uk/consent).

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