The doctrine of Informed consent

Informed Consent The doctrine of Informed consent It is important to distinguish between informed consent as a doctrine and informed consent as a term used imprecisely to mean a valid consent, one where the "broad nature" (Chatterton v. Gerson [1981]) of the treatment proposed has been explained to the patient. In the context of this essay, informed consent refers to the doctrine which underlines the amount of information that a patient should be given in relation to the risks of treatment over and above those encapsulated with the "broad nature" requirement of the inevitable and inherent risks posed by the proposed treatment. Ethically, the issue under consideration is the right to self-determination and the mantra from all proponents of informed consent, as described in Largey v. Rotham, is that a patient cannot validly consent to the risks associated with treatment unless he has been told of them in advance. This posses a real problem for the medical staff. Whilst two patients will require a doctor to perform an operation to the same high standard, these two patients may require different information and different amounts of information relating to the risk involved, in order to enable them to decide whether to undergo the operation in the first place. As emphasised by Lord Templeman in Sideway v. Board of Governors, whilst one patient will need all the information

  • Word count: 1930
  • Level: University Degree
  • Subject: Law
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How can we increase organ donation from both living and dead donors?

The law of medicine and in particular ethics relating to medicine is a very controversial and hotly debated topic, particularly in relation to organ donation which society has conflicting views on. Ethics are central to a doctor's life and practice and are a key part of medicine and medical professionals' behaviour. As well as trying to treat patients with the best therapy available, the doctor is at all times under an obligation to adhere to high professional and ethical standards. 1The relationship between law and medicine is an interesting one that constantly comes under scrutiny. The law now seeks to regulate malpractice and ethical behaviour of doctors. The removal and retention of human organs and tissue has been a highly controversial matter in Medical Law for decades.2 This was shown by the Alder Hey and British Royal Infirmary cases in 1999-2000. People were shocked and distressed and largely aggrieved that organ and tissues removed from their loved ones had been retained without their knowledge or consent.3 As a direct result of these cases in September 2006, a new legislation came into effect in England and Wales, The Human Tissue Act 2004 ("HTA")4, which is now the primary legislation regulating transplantation. The HTA 2004 deals with issues relating to the removal, retention and use of human body parts and tissue.5 Part two of the Act set up the Human Tissue

  • Word count: 3643
  • Level: University Degree
  • Subject: Law
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Consent to medical treatment

MEDICAL LAW To what extent have the English courts been prepared to uphold an adult patient's right to refuse medical treatment in life and death situations? What factors have been taken into account by the courts in reaching their decisions? Word Count (Including Footnotes): 2,137. PART 1. Introduction The English courts' decision whether or not to uphold an adult patient's right to refuse medical treatment ultimately hinges upon whether the adult has the capacity (competence) to refuse treatment. 'Capacity to consent to treatment is the ability or skill which a person must have to ensure the primacy of respect for a person's autonomy'.1 Where the courts find that the adult patient possesses the capacity to refuse medical treatment, they are less reluctant to withhold the patient's right to make an autonomous choice to refuse medical treatment. For example, the court would uphold a competent adult patient's choice to refuse a blood transfusion due to religious beliefs (Jehovah's Witness)2. Therefore, such a patient's right is respected. However, the willingness of English courts to uphold the rights of a competent adult patient is not identical to its willingness to uphold the rights of an incompetent patient who lacks capacity. Therefore, I will attempt to show that the English courts are only willing to uphold an adult patient's right to refuse treatment to the extent

  • Word count: 2327
  • Level: University Degree
  • Subject: Law
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Litigation and resource Allocation of Healthcare in the NHS.

Litigation has provided patients with access to healthcare that was initially denied to them. Judicial review of decisions made within the National Health Service (NHS) has provided those in extreme circumstances with the ability to scrutinize the viability of decisions not to provide them with treatment. Syrett outlines that judicial review allows patients to, 'redress the imbalance of power inherent in the physician-patient relationship...'1 Syrett adds that this action, 'connects the legal framework to those ethical principles'2 and necessarily, 'underpin[s] the practice of medicine.'3 Judicial review ensures that Primary Care Trusts (PCT) and Health authorities are answerable for their decisions as illustrated by Dyson J who stated 'but if they decided to depart from it, they had to give clear reasons for doing so and those reasons would have been susceptible to a Wednesbury challenge.'4 There are a number of cases in which litigation has proved a better alternative for patients who have been denied medical assistance due to resource allocation decisions; in R v North and East Devon Health authority, ex parte Coughlan [1999] Miss Coughlan a tetraplegic was told by her health authority that the home which had been provided to her and others for life, would be shut down. She applied for judicial review of the decision as it violated the promise which had been made. Upon

  • Word count: 2094
  • Level: University Degree
  • Subject: Law
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Severe Personality Disorder and the Law.

"Individuals with serious personality disorders are not well served by the current criminal and civil laws in the United Kingdom relating to psychiatric defences, fitness to plead and compulsory admission to hospital‟. Critically evaluate these remarks taking account of comparative laws and human rights where relevant. Before these remarks are evaluated critically, it is useful to understand what is meant by the use of the following terms such as serious personality disorders, psychiatric defences, fitness to plead and compulsory admission to hospital. The essay begins by examining the concept of personality disorder and attempts to set the parameters within which meaningful discussion can be held regarding serious personality disordered individuals and their interaction with the legal system in the United Kingdom. Defining personality with any degree of consensus has always been difficult; it is a word used in a common parlance to cover a variety of traits, attributes and behaviours. It is defined as “the quality or collection of qualities which makes a person a distinctive individual”[1]. A disorder of personality is defined as “a deeply ingrained and maladaptive pattern of behaviour of a specified kind that causes difficulties in forming relationships or in functioning within society”[2]. Within the realm of medicine and psychiatry in particular, two

  • Word count: 4856
  • Level: University Degree
  • Subject: Law
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Abortion laws in the UK - A Critical Analysis

Abortion laws in the UK – Critical Analysis Abortion is a sensitive and contentious issue that is often intertwined with religious, moral, and political connotations. It is an internationally controversial public health issue because unlicensed medical practitioners often perform abortions under unsafe procedures that can be fatal. Historically, the medical code of ethics is founded upon the foundations laid down in the Hippocratic Oath. Therefore, it is sworn upon that a doctor should “…give no deadly medicine if asked nor suggest such counsel and in like manner I will give to a woman a pessary to produce abortion”.[1] The controversial issue of abortion has always been the subject to the attention of the media and public at large. Cases of abortion escalated in the United Kingdom since its decriminalisation in the Abortion Act 1967. This Act regulates the laws on abortion in England, Scotland and Wales, with the exception of Northern Ireland.[2] The Act was only amended once that is by virtue of Section 37 of the Human Fertilisation and Embryology Act 1990. 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

  • Word count: 1101
  • Level: University Degree
  • Subject: Law
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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)

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) The fundamental case concerning this scenario is the House of Lords case of Airedale National Health Service Trust v Bland (1993) 1 All ER 821. The judgement in this case as mentioned by Lord Scarman, in relation to decisions concerning ending a life could lead to rigidity in the law. Following through with the facts provided in the scenario and the facts of the case, in this essay I will be going through the legal and moral issues the judges took in account when coming to their decision to cease medical treatment and whether the doctor will be held liable for causing the patient’s death. I will be looking at the principles of sanctity of life and self-determination, medical treatment and duty of care. I will begin by setting out the crucial facts of the case. The seventeen and a half year old, Anthony Bland, a football fanatic and Liverpool F.C supporter was hospitalised for 3 years after severe injuries at Hillsborough football ground on 15th April 1989. 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

  • Word count: 2153
  • Level: University Degree
  • Subject: Law
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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.

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. She has relayed information about a health crisis he wanted kept secret to his employer who is a close friend of the receptionist. The latter’s job merely entails arranging appointments at the centre. (b) His medical file with photographs of an unusual and embarrassing medical condition he suffers from have been posted by a teenager on YouTube. The teenager found the information in unencrypted form on a USB flash on a train. It appears it fell out of a doctor’s pocket. She was taking the information home to work on writing a paper about the condition for a conference. HIPAA[1] and the Rules and Guidelines[2] made thereunder provide an elaborate framework for health insurance, identifies who can legally hold information[3] whose information and what type of information[4] is protected, how that information[5] may be used and how that information may be accessed. The Privacy Rule[6] provides for standards for electronic exchange, privacy and security of information[7]. It therefore

  • Word count: 914
  • Level: University Degree
  • Subject: Law
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What is meant by euthanasia?

The term Euthanasia has become well known throughout the country. The word is derived from ancient Greek eu thantos, meaning "easy death." Today, euthanasia is referred to as mercy killing. There is much controversy over whether or not the practice is just. Euthanasia raises many religious, medical, and ethical issues. Euthanasia can either be active or passive. Active euthanasia occurs when a physician or other medical personnel induces death. An overdose is administered to the patients in the form of insulin, barbiturates, or morphine, and then followed by an injection of curare. Passive euthanasia, on the other hand, is allowing the patient to die due to lack of treatment. This includes taking the patient off their support system, or respirator. Passive euthanasia also includes stopping the food supply intravenously to comatose patients (Compton's, 1). Debate has flourished against those who accept passive euthanasia, but reject active. Questions are asked why one form is accepted and not the other. The distinction that is made between the two of them is that active is murder, while passive is merciful. Turning off support systems is a positive act of death (Singer, 76). In the Encyclopedia of Bio-ethics, some religious views of euthanasia were given. Hebraic and Jewish denominations strongly oppose the practice. They believe life is a precious and divine gift, and

  • Word count: 863
  • Level: University Degree
  • Subject: Law
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