Confidentiality in medical law (LLM). If a doctor believes that his patient presents a danger to others, he should be allowed to warn those who might be at risk. But he is not, and should never be, duty-bound to do so. Consider and discuss analytica
'If a doctor believes that his patient presents a danger to others, he should be allowed to warn those who might be at risk. But he is not, and should never be, duty-bound to do so.' Consider and discuss analytically the preceding statement. Your answer should make reference to case law. Your essay should be approximately 5,000 words in length. CONFIDENTIALITY . Introduction American university student Cho Seung-Hui only last week calmly walked through his Virgina Tech campus shooting randomly at his loathed fellow students and professors pausing only to post his tirade on the World Wide Web. Clearly troubled and depressed as long ago as 2005 his "sullen and aggressive behavior culminated in an unsuccessful effort by the campus police to have him involuntarily committed to a mental institution."1 A local judge then signed an order referring Cho to the local psychiatric hospital for assessment stating that at that time he clearly presented "an imminent danger to self or others"2 However the hospital psychiatrist determined that Cho, although clearly depressed, he was of sound insight and judgment, on this basis the judge did not commit Cho but referred him instead for outpatient appointments. Shortly later it is believed that the concerns of a literature professor combined with the reported harassment claims by two female students may have attracted the attention of the
"PVS - A STILL LIFE" Consider and discuss analytically the following statement: 'Technological advances have allowed us to diagnose the permanent vegetative state with such accuracy, and bioethics and law have progressed to such a point that it is now surely time to redefine death in such a way as to include the PVS patient. After all, courts and doctors are already treating such patients as if they were dead.' .Introduction The patient in the permanent vegetative state (PVS) has a fully functioning brainstem, albeit the higher cerebral functions of the brain have been lost. The person in this condition maintains standard sleep cycles with full or partial hypothalamic and brain stem autonomic functions that facilitate coughing, sneezing, scratching, smiling, crying and sensory reactions. All are automatic responses, able to survive when the cognitive and sensory function filled higher brain dies1. The permanency rather than persistence of this state is a purely temporal diagnosis with the former resulting from a person being in a vegetative state for a period of twelve continuous months or more and the latter from a person being in a vegetative state for one month2. However the term permanent rather than persistent is itself loosing favour in light of the however small chance of recovery experienced by some of the patients suffering from this condition, physicians
Compared to other professions, sad to say, the profession of medicine is the only profession which is very vulnerable to criticisms from the public for their acts during their course of duty of care. This is so because the doctors belonging to the medical fraternity deal with precious commodities, which come in the form of human life. In ancient times, the medical profession was placed on the highest pedestal and commanded public awe and respect. Today, such an image is clearly wavering. The medical profession in the recent past has been increasingly confronted with legal issues on mercy killing, both within the public or the government. Euthanasia Scholars all over the world, namely doctors, lawyers, philosophers, and religious leaders have been debating on this issue for many years. Euthanasia or 'mercy killing' is the intentional killing for the benefit of the person. Mostly, it is performed on the request of the person himself; however there are certain cases whereby that dying person could not make his own request because some may be severely unconscious which means to say in a vegetative state.1 The Pro-Life Alliance 2defines it as: 'Any action or omission intended to end the life of a patient on the grounds that his or her life is not worth living.' The Voluntary Euthanasia Society looks to the word's Greek origins - 'eu' and 'thanatos', which together mean 'a good
The philosophical, professional and legal aspects of maintaining confidentiality of a psychiatrist will be examined.
Title of essay: A psychiatric outpatient arrives at her weekly therapy session extremely agitated and tells her therapist that she is going to kill her boyfriend who she has just discovered is going out with one of her best mates. the psychiatrist does not take this threat too seriously as her patient is often volatile and she certainly doesn't think that she should breach confidentiality and warn the boyfriend. She is, however, sufficiently concerned to make an additional appointment for her patient in three days time. The next afternoon, she is contacted by the police who inform her that the would like to come and question her in relation to criminal damage to the boyfriend's car which has had its tyres slashed, its windscreen smashed and red blood thrown over its exterior. What should the psychiatrist do? Maintaining the confidence of one's patients has been a central aspect of the profession of medicine since its earliest inceptions, with the Hippocratic Oath stating that 'whatever, in connection with my professional practice.... I see or hear in the life of men which ought not to be spoken of abroad, I will not divulge, as reckoning that all such should be kept secret'.1 This concept has consistently been part of the codes of conduct for the medical profession, both internationally and nationally with the Declaration of Geneva (1983) highlighting the vital nature
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.
Transfer-Encoding: chunked “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. Thomas More wrote of the ideal society ‘if any have torturing, lingering pain, without hope of recovery or ease…they should no longer cherish a rooted disease, but choose to die since they cannot live but in great misery; being persuaded, if they thus deliver themselves from torture, or allow others to do it.’ Such an ideal is far from a reality five hundred years after its inception; some headway was made with the legalisation of suicide in the Suicide Act 1961, however assisted suicide still remains illegal under the same statute, which made it a criminal offence to "aid, abet, counsel or procure the suicide of another" under s2(1). This essay will examine how the stance on assisted suicide has developed over the past fifty years, focusing on reforms made through jurisprudence, reform made in Parliament, the wider debate underpinning the issue and finally how it has been dealt with in other jurisdictions. Throughout assisted suicide is defined as the act of deliberately assisting another person in killing themselves but they perform the act that causes death. It is differentiated from euthanasia (which will also be discussed) as the latter involves the assistant
Medical Law Assignment 1 By. N. Ndifornyen Any discussion on the duty of confidence imposed on doctors is surrounded by legal, ethical and academic controversy. As with most issues concerning medical law, there is a constant battle between the law and ethics/morality. As Marc Stauch et al comment in their preface1, 'few other legal subjects display so clearly the interaction between law and morality.' Sean Humber2 asserts that 'mystery has surrounded the source and extent of the obligation to keep confidences...' Although several definitions of confidence exist3 it is apparent that the principles are ever changing, reflecting the epoch that we live in. Taking this into consideration, it can be said that the obligation of confidence may or may not be preserved depending of certain circumstances. But what is the extent to which this duty absolute? The legal obligations that a doctor has to his patients cannot be studied in isolation from the ethical duties that he or she also has. When looking at the responsibilities imposed on a doctor to respect a patient's confidence, it is imperative that the ethical justifications are considered when examining the conditions in which it may be lawfully infringed. The utilitarian philosophy is founded upon an ethos of practicality and an assessment of actions which will be beneficial for all. In relation to confidentiality, the duty is
'EVERY WOMAN SHOULD HAVE A RIGHT TO ABORTION ON DEMAND' According to Andrew Grubb1, abortion is 'the termination of a pregnancy by surgical or medical means intended to result in the death of a foetus'. Abortion in the United Kingdom without any valid reason is a criminal offence whereas, an article in the Telegraph newspaper reveals the number of abortions in Britain around 200, 000 every year.2 Recently, there has been a much debate on the right to abortion. It has grabbed the attention of many people because it creates a conflict between two other rights namely 'right to life' of the foetus and the pregnant women's 'right to choose' whether they want to bear a child or not3. The main statutes governing this issue are the Offences against the Person Act 1861, Infant Life (Preservation) Act 1929, and the Abortion Act 1967. However, this essay will focus on the arguments as to whether woman should have a right to abortion or not. The Offences against the Person Act was enacted in 1861 but still plays an important role in the regulation of abortion. The term 'miscarriage' was used instead of abortion in this legislation and under section 58 of this act, every women who is intending to procure her own miscarriage should possess any poison or other noxious thing unlawfully, or shall use any other harmful substance with the like intent unlawfully, and if convicted thereof shall
Discuss about abortion and its methods. Abortion is a topic that which brings with it much debate and controversy, whether it be between peers or cultures. It seems also that feelings are disparate and of polar opposites and people tend to cling to one pole without regard for the opposite opinion. Arguments for and against abortion tend to be rooted deep in moral or religious beliefs, with some feeling that it is their body, therefore they should do a they please, while others argue concern for the living baby within the mother. Akin to the numerous feelings regarding abortion are numerous methods in which on can abort a pregnancy, all of which are correspondent with the amount of time elapsed within the pregnancy. Prior to delving into specifics of abortion a definition of the term would make lucid the context of which is being discussed. Therefore, abortion is essentially the termination or aborting of a pregnancy prior to the event of birth. An abortion occurs when the mother or other party involved (perhaps parents or father of the child) determine the pregnancy is undesirable or not feasible at that given point in time. Many there are, reasons for the carrying out of the fore defined term. Such reasons include: an immature commitment to parenthood such as the case of teenage parents, or even a pregnancy that was seen as unwanted or an interference such as a career
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
Instructions for completion of coursework using the standard template YOU MUST complete the title page of this document which contains your details and the details of the assessment and attach it to the front of the coursework. The title page and the bibliography DO NOT count towards your page limit. IN ADDITION, YOU MUST sign the title page to signify that you have read the template instructions and have checked the settings of your work before it has been submitted. Your signature also confirms that you have complied with the universities rules on plagiarism and collusion. Type your answer to the question using the standard template ensuring you comply with the page limit set in the module handbook for that piece of work. You need to enter your name into the header on the coursework template. Ensure footnotes appear at the bottom of the page end notes are not an acceptable alternative. DO NOT change any of the settings (paper size, font, font size, spacing or margins), write within the margins nor change any existing wording within the header. DO NOT cut and paste on to the template from another document. Type your answer directly onto the template. Please note that ANY infringement of the template will result in a maximum mark of 40% being awarded. Also be aware of the penalties for late submission of coursework. (Details are found within the LLB Student
The UK should completely deregulate embryo research and place no restrictions at all upon what scientists can do to early human embryos. Discuss.
'The UK should completely deregulate embryo research and place no restrictions at all upon what scientists can do to early human embryos.' Discuss. Whilst there are strong arguments to completely deregulate embryo research and place no restrictions at all upon what scientists can do to early human embryos, as seen through the need to promote scientific advancement and the argument that embryos accord no special status, governmental regulation of embryos is ultimately desirable. Instead, one should opt for a 'compromise' position in recognizing that embryos possess an intermediate moral status and therefore should be accorded with a degree of 'respect' to thus warrant a need for regulation upon its usage. In light of a number of scientific advances since the 1990 act such as the possibility of cell nuclear replacement and stem cell research, the amendments to the Human Fertilisation and Embryology Act which received assent in 2008 should be welcomed in encapsulating this 'compromise' position. This act arguably allows for scientific progression through permitting the usage of early human embryos, yet protects the status of embryos through setting important obstacles prior to gaining access to their usage. Nonetheless, regulating a fast-moving and dynamic area of science will inevitably be a challenging task and one should continuously question the necessities and prevalence