Dispute over consent for operation

Does anyone know what happens if someone who is next of kin gives consent for an operation and someone else in the family objects? For example if a husband gives consent for his wife to have an operation and her brother or sister objects. Will the doctors do the operation on the basis that the husband (as next of kin) has given consent?

The wife decides.

No one other than next-of-kin has a say....

I realise if the person is conscious they would be making the decision for themselves. I was just wondering what happens if a person is unconcious and then obviously unable to make a decision or communicate their wishes?

isn't that what a next of kin is for? They should be aware of the wishes

AriesWoman said:

I realise if the person is conscious they would be making the decision for themselves. I was just wondering what happens if a person is unconcious and then obviously unable to make a decision or communicate their wishes?

Click to expand...

That's the situation we are talking about , if the person is aware and mentally sound they would of course be making the decision themselves...

Spouses are always next of kin, next of kin have however no automatic rights and decisions on medical care, whilst consulting with next of kin, will always have to be in accordance with the ethical guidelines as laid down by the Medical Council.
So, if for eg. the doctor considered the operation necessary, there would be consultation with the spouse firstly , but if the spouse didn't agree, the operation may still be carried out if it was deemed necessary for the medical care.
In most cases , there is agreement between both parties; however as the law stands at present , if you had said to your next of kin that in the event of a heart attack, you did not want to be resuscitated, your next of kin would have no power to stop that happening.
Hence there is discussion of advanced care directives coming into being where one will be able to decide, whilst well ,what one would like to happen if certain medical situations arose.At present , it doesn't matter if you told your next of kin that you did not wish to be kept alive after a massive stroke, the doctors and nurses are obliged to sustain life. These proposed directives should hopefully clarify this kind of situation.

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