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University Degree: Medical Law

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  1. The philosophical, professional and legal aspects of maintaining confidentiality of a psychiatrist will be examined.

    The nature of health care today, with increasingly multi-disciplinary management of patient care often means that information may not always be confidential within the consulting room, but is generally assumed to be so within the group of professionals involved in the care of that patient. Referral to specialists, care from district nurse teams and social services may mean that what is discussed between a doctor and patient will be disseminated to those persons who need to know certain information in order to be able to participate in the management of the patient.

    • Word count: 3714
  2. The doctrine of Informed consent

    Professional Standard and Reasonable Test The legal test applied to the standard of care afforded to a patient by his doctor has historically been the professional standard or the "bolam test" after it was described by McNair, J in the case of Bolam v. Friern Hospital Management Board [1957]. The essential dictum from this case was that: ".....a doctor is not negligent of he acts in accordance with a practice accepted at the time as proper by a responsible body of medical opinion."

    • Word count: 1930
  3. Immanuel Kant and John Stuart Mill have two different standards for a right action. Each of which will be briefly explained in the following paragraphs with examples to further elaborate these standards.

    According to the, "Supreme Principle of Morality," her/his decision is correct because s/he is happy. The Intrinsic good is fulfilled, therefor promoting her/his own interests. According to Kant this is correct because s/he is promoting the greatest happiness for her/his self. John Stuart Mill's standard is the, "Greatest Happiness Principle." This principle holds that actions are right in proportion, as they tend to promote happiness or pleasure and wrong as they promote the opposite of happiness (*utilitarianism 1104). This principle means that the action that creates the larger amount of happiness or pleasure is the correct action.

    • Word count: 824
  4. The law of England and Wales on assisted suicide is in urgent need of reform. Critically evaluate this statement, including consideration of relevant case law.

    Euthanasia is not lawful at common law?.[4] A clear distinction was made between an act and an omission, with withdrawing treatment covered under the latter as this can only form the actus reus of an offence where the law imposes a duty of care, which was discharged ?there is no longer any duty upon the doctors to continue with this form of medical treatment or care in his case, and it follows that it cannot be unlawful to discontinue it.?[5] Although the case provided a precedent for passive euthanasia (whereby death is the result of failing to provide medical treatment or withdrawing it)

    • Word count: 4203
  5. In what ways do the security guidelines that HIPAA provides assist or require organisations to identify risks and develop appropriate risk management strategies for information security? For example, what rights does someone have if he finds out that: (a) His medical file contained in the information system of a large medical centre has been read without authorisation by a receptionist.

    The Privacy Rule[6] provides for standards for electronic exchange, privacy and security of information[7]. It therefore provides for privacy rights for individuals to understand and control how their health information is used and this information is ?protected health information.?(PHI)[8] The HIPAA Security Regulations therefore provides the framework within which the HIPAA is implementable by requiring reasonable measures[9] through processes, policies and controls.[10] It also provides formal sanctions in the event of failure to comply with established policies and procedures.[11] The HIPAA Security Guidance on the other hand is complimentary in respect of PHI during use of portable devices and offsite or transport of EPHI by use of laptops, personal digital assistants, etc.[12] A)

    • Word count: 914
  6. A doctor is on trial for murder, having ceased to treat a patient who has been in a persistent vegetative state for three years. Discuss the legal issues that would face the court. (2000-2500 words)

    During the match fans went out of control; the police tried their best to create peace but failed. As a result, 93 people died. Anthony suffered from crushed ribs and punctured lungs, which slowed down the supply of oxygen to his brain thereby causing irreversible brain damage, known as Persistent Vegetative State (PVS). He was taken to Airedale General Hospital under the care of Dr Howe, who was experience in treating patient with PVS. After all their attempts to revive him or try to get some sort of a sign from him, their attempts failed.

    • Word count: 2153
  7. Abortion laws in the UK - A Critical Analysis

    The law empowers doctors with the rights and responsibilities to decide on matters pertaining abortion. This can be seen as an anomaly as the statute was enacted to mitigate problems of illegal abortion, which was prevalent in the UK prior to the Act. It has been argued by Sheldon, drawing from the analysis of Michel Foucault?s analysis, that the Act merely reflects the immense moral turmoil of encouraging female irresponsibility, emotional instability and draws an assumption of a female?s sexual morality.[3] The law does not legalise abortion, rather it has laid down numerous exceptions to the illegality of abortion.

    • Word count: 1101
  8. Severe Personality Disorder and the Law.

    personality disorder, Dependent personality disorder, Other specific personality disorders, Personality disorder, unspecified and, Mixed and other personality disorders. The Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) defines a personality disorder as: ?an enduring pattern of inner experience and behaviour that deviates markedly from the expectations of the individual?s culture, is pervasive and inflexible, has an onset in adolescence or early adulthood, is stable over time, and leads to distressor impairment?.[4] It groups personality disorder into three broad ?clusters?. These are Cluster A (the ?odd or eccentric? types eg.paranoid, schizoid and schizotypal personality disorder), Cluster B (the ?dramatic, emotional or erratic? types eg.

    • Word count: 4856
  9. Problems with PPACA

    Justice Alito spoke on the hypothetical typical healthy 27 year old worker who on average consumes less than $900 annually on healthcare services. Under the PPACA that same healthy 27 year old worker will be required to spend more than 5 times that amount for a healthcare policy that gives a low deductable and pediatric services. Two services that a healthy 27 year old normally wouldn?t choose.4 Regulations prevent small businesses to grandfather their health insurance plans, further driving up healthcare spending as small businesses search for new plans.1 When those same small businesses purchase new health insurance plans they are going to find a soggy sandwich in their lap.

    • Word count: 1408
  10. Legal discussion on abortion has concerned the autonomy of the pregnant woman as balanced against the rights of the foetus. Does such a balance sufficiently address the moral conscience of todays society, and how does it reflect the tensions raised in

    The font size can be checked under ?home? on the word tool bar. ________________ Legal discussion on abortion has concerned the autonomy of the pregnant woman as balanced against the rights of the foetus. Does such a balance sufficiently address the moral conscience of today?s society, and how does it reflect the tensions raised in the Hart/Devlin debate? ________________ Abortion has been an enormous topic of debate over the past six centuries and as social morality has evolved, so have the legal attitudes on the issue of abortion.

    • Word count: 3140

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