Explains what NMD is, what the operation is like, possible side effects and alternative surgical treatments. Also covers the law around consent to treatment by NMD.
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The law relating to consent to receiving NMD is different depending on whether you are being treated in Wales or in Scotland (there are no NMD treatment centres in England).
In England and Wales NMD is covered by section 57 of the Mental Health Act, which applies to all voluntary patients and everyone who is currently detained under section.
This law says that you can only be given NMD if all four of the following statements are true:
Your consent must be given free from undue pressure and with sufficient knowledge of the purpose, likelihood of success, risks and alternatives of the treatment.
Procedures performed in Scotland, including NMD, come under the provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003. They are overseen by the Mental Welfare Commission for Scotland, which provides independent clinical assessments for all patients.
In Scotland whether or not NMD can be carried out depends on whether you have the mental capacity to consent to it.
If you have capacity to consent, and do:
If you don’t have capacity to consent:
In Scotland, NMD can only be carried out if all the following are true:
Deciding whether or not to have NMD can be really difficult. It is important to think what the risks and benefits are for you of having the treatment.
If NMD is recommended, you (or someone you trust or an advocate) might want to ask your doctor:
This information was published in February 2018. We will revise it in 2021.
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