To think that surely known coercion invalidates medical consent ?

[Coercion]

If all medical professionals are aware that a patient is being coerced/forced and this was in their medical notes then any consent given is invalidated ?

Im in a situation where it being told that’s not The case - that if I signed then it’s valid consent despite the fact they recorded on multiple occasions my disclosures of abuse and being forced, coerced and threatened. They even witnessed it and noted it.

Im told ‘ultimately you were an adult and consented’

This isn’t right is it ?

You'd need to give more detail really before I could offer an opinion.

Was the coercion specifically about that procedure? It has to be decision specific

The response to me explaining the above and how it’s all in my notes is that

‘the staff were not ignorant of the difficult and nuanced situation and were sensitive of it’

and

‘the doctor was aware of the issues you faced and showed consideration of this ‘ (what consideration to safeguard a patient or side with an abuser and accept consent that was not valid ??)

Its gaslighting and victim blaming and there’s nothing I can do

So you're already certain, why ask then?

I think this may be one of those occasions when context is everything.

e.g, an individual signed a consent form for an abortion whilst visibly distressed and being loomed over by a clearly abusive partner

vs

an individual signed a consent form for removal of a suspicious mole on her own. Issues of abuse/coercion were referenced in her medical history a number of years ago but there is no indication that it has any bearing on her current situation
and the procedure could potentially be lifesaving.

Yes - as a teen I was forced to have a termination by my mother (a long time ago and I’ve posted before about it regarding capacity as couldn’t understand how she got away with forcing me) I was advised to go to the gmc and their response to me is disgusting.

It’s so clear that I told multiple people it was forced and therefore not valid consent. They have basically said yes well you signed the form so that’s it.

I know you don't want to be outing, but without more information about the coercion and about what the procedure was no one will be able to advise you.

Is it a 7 year old getting his ears pinned back, is it a 17 year old having a mole removed? Is it a 56 year old having heart surgery?

That’s exactly what happened

I told the counsellor on many sessions and her report to the dr stated I stated I was being forced

i told nurses

I told other drs , plus the consultant. It took multiple attempts to get it done I was taken , refused, they spoke to me alone and I said I’m being forced so they sent me home but told me to reconsider and they were booking me in the following week and put in notes because my mother wanted it to go ahead yet I stated I didn’t

I don’t knew why I posted I know I can’t legally do anything and my complaint is just disregarded as I signed (under threats which they were aware of and just allowed to carry on) but I’m hurt and I feel so violated

I don’t feel seen or heard . I feel silenced. It’s hurting me so much and I’m so frustrated. I don’t even get an apology.

It’s pointless me posting but I just needed to talk about it and not feel like I’m not being heard

I’m so sorry that this happened to you. I have no expert knowledge of medical law in this situation- but would it have been seen as lawful parental authority to insist on a termination if the girl was 15, years ago? Not to say that it was right, but might have been the usual practice then. I’m trying to remember when the Gillick case happened regarding contraception as I think that gave more autonomy to under 16s?

I was 18, so a teenager but an adult. I did wonder about capacity and last time I posted I was worried she had somehow been legally able to override me but that wasn’t the case. I was advised to go to the gmc which I did but it seems all that matters was I signed the consent form (despite my notes being full of information by professionals stating I didn’t have want the procedure and wanted the baby even having started antenatal care and that my mother wanted the TOP and was insisting so they would tell me to reconsider and rebook)

I don't have any advice but I just wanted to say that I'm so, so sorry this happened to you OP

It wouldn’t happen now but as a pp said, a few years ago children (or vulnerable-seeming older teens) legally had less say. It sounds very traumatic for you. I can’t give you any legal advice except for you to be aware that going down the legal route in uncertain circumstances can cause more mental harm than good tbh. It shouldn’t be that way but it is.

I can’t take it any further it’s too upsetting and frustrating as it seems everyone knew, I told everyone I needed help, they just wrote it down and allowed it to continue.

I thought the medical notes would be proof but it’s seems me signing (under coercion) means it was apparently ok 😞

Have a look at page 11 on this link

"To be valid, consent must be given voluntarily and freely, without pressure or undue influence being exerted on the person either to accept or refuse treatment. Such pressure can come from partners or family members, as well as health or care practitioners"

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/138296/dh_103653__1_.pdf

I feel very strongly that my consent was not valid. My notes explicitly state on more than one occasion by different people how I was either ‘refusing’ or ‘clearly stating I did not want the procedure’ plus notes about my mother wanting it to go ahead and insisting

The signature is just documentation of consent - the signature itself is not the consent and anyone telling you it is doesn't know what they're talking about. Just because someone has signed a piece of paper, doesn't mean they provided legally valid consent.

Having said that, the system you're trying to challenge has more power and resources than you. Their primary concern is protecting themselves, hence their response. Even if you continue fighting I don't think it will make this any better for you.

I'm sorry.

I'm so sorry you went through this, it's really not fair

I told everyone I needed help, they just wrote it down and allowed it to continue

When you say you needed help from the medical professionals, what kind of help do you mean? What did they allow to continue and how?

You’re right and I just don’t have the energy to pursue it. I’m just so hurt that even with absolute proof in front of them after all this time nobody can say sorry they just stare more than once how ultimately I signed

I'm so sorry you went through that and that the gmc responded the way they did.

What did you want from the gmc?

You should probably take legal advice from a specialist solicitor but I think (and I'm not legally trained) that there's probably a threshold in law for what counts as coercion and if they gave you time to consider then it may not be legally seen as coercion. Don't forget, coercive abuse only became recognised in law recently within a relationship.

Nowadays, I would expect such a situation to be referred to safeguading and a protocol followed, I have no idea if any such thing was involved when you went through this. If they followed all the steps as per their policies at the time, then I can't see they would be able to acknowledge wrong doing and I'd expect any change to this would need a strong legal challenge. If their policies have since changed for the better then any solicitor would ask what would be gained from attempting this.

It's deeply unfair and I understand that this must be incredibly difficult for you. It sounds as though as if it's had a huge impact on your life and I can't imagine what that has been like for you.

But I think, you need to be clear on what you want from the gmc. If you simply want acknowledgement so that you can obtain closure and move on, that's one thing. But any admission of liability opens them up to legal action and I'm not surprised they've taken the stance they have.

If what you're seeking is recognition by them that you were coerced and that's all then a solicitor could advise you what chances you had of seeking this through legal action while waiving any rights to redress. It seems like it would be a long shot though.

If you are only looking for closure then I hope you can find a way to get it without pursuing the gmc any further. So many people agree that it was wrong what you went through that even if your case is not strong enough to be tested in a court of law, I hope the agreement of others (including professionals) gives you the recognition you need.

The law isn't perfect and while the pursuit of justice is crucial to us all, when faced with overwhelming odds sometimes it's helpful to remember that just because the law is fallible, it doesn't lesson the injustice of what you went through or deny the coercion you faced.

That's very sad and upsetting.

I had a very positive experience around 12 years ago when I was very upset in pre-op before being sterilised and the staff called the consultant in to speak with me to ensure I wasn't being coerced and that it was absolutely that I wanted. My DH had been there when I signed the form and I was probably a little tearful then as well. I pretty much had to reassure them I did want to go ahead. This was private though so own room etc, I did wonder if on a busy ward I would have had the same level of duty of care shown.

I told the counsellor repeatedly I was being forced, shouted at all the time, not allowed out except to appts about the abortion, threatened and told I had to have an abortion. I gave explicit detail which she put in a report to the consultant

i told nurses and another dr (registrar?) they all just write it in my notes.

the first planned admission I lost it totally panicked, screamed and cried. They got the counsellor to see me alone. I told her again I was being forced and was leaving. She recorded this but someone else had then written in my notes (not sure who) that my mother wanted it to go ahead they would tell me to reconsider then rebook

I know my mother made a complaint about the counsellor I never saw her again. I was dragged back the next week again I fought and objected. I was threatened but I was sick and weak and she forced me told me if I didn’t sign I’d be out in the streets and the baby would get taken anyway. I had no choice I begged.

I signed and was given a pessary. I then had a panic attack asked for it to be removed And I was leaving. I was told no and taken to theatre. I refused the IV and they put the mask on my face instead. Absolute traumatising

I specifically asked for help I remember begging saying ‘I’m being forced can’t you call the police or social services ?’ I was told ‘be quiet you are upsetting the other patients’