Medical Law.
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
Is Euthanasia morally acceptable? When does a duty of care arise?
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
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
Medical Ethics
In regards to Mimi this question deals with medical treatment consent to treatment and non-consensual treatment. The general legal and ethical principle of medical treatment is that a doctor or other healthcare professional may not provide any medial treatment to any patient without lawful justification or legal valid consent of the patient. If medical treatment is given without lawful justification or consent the doctor or health care professional will be liable for the tort of trespass to the person under battery, this was held in the case of Schloendroff v New York Hospital, Cardoza J stated, "Every human being of adult years and sound mind has a right to determine what shall be done with his body and a surgeon who performs an operation without his patients consent commits an assault".1 If non consensual treatment is given it is said to be a breach of human rights under article 3 (degrading of life) and 8 (respect of private life) of the European Convention of Human Rights 19502, however there are exceptions where treatment may proceed without the consent of a patient. Theses exceptions are where a patient is incompetent, minors under 16, treatment under health public health legislation and necessity, where an unconscious patient needs life saving surgery3. Mimi the famous pop singer is unconscious at her arrival to the hospital therefore she will be regarded as an
Explain and analyse the changes made to abortion law by The Human Fertilisation and Embryology Act 1990
Explain and analyse the changes made to abortion law by The Human Fertilisation and Embryology Act 1990 To begin with, it is important to consider, the law in this area was first considered to have been effectively codified under the Offences Against the Person Act ('OAPA') 1861. This is because the OAPA 1861 provided abortion (regardless of reasons), through the unlawful administration "of any poison or other noxious substance", was considered criminal under section 58 of the Act punishable with a term of imprisonment ranging from three years to life imprisonment. It is further supplemented by section 59 which prohibited the supply or procurement of poison or instruments to commit a criminal abortion under section 58. However, despite the passing of time and changing attitudes within our society, the OAPA 1861 is still in force and so the statutes that have followed since (including the Human Fertilisation and Embryology Act ('HFEA') 1990), therefore, sought to provide legal exceptions where abortions can be carried out without fear of reprisals and their impact can be judged by these exceptions. Therefore, with this in mind, the Infant Life (Preservation) Act ('IL(P)A') 1929 looked to supply the first exceptions in this area as it amended the OAPA 1861 so that an abortion would not be considered a crime where it was carried out to prolong the health and life of the
'The English courts only pretend to respect patient autonomy. In any difficult case, the judges prefer the doctors' judgement of the patient's best interests.' Discuss.
'The English courts only pretend to respect patient autonomy. In any difficult case, the judges prefer the doctors' judgement of the patient's best interests.' Discuss. Self governance or autonomy fundamentally depends on capacity to make ones own decisions. Mentally competent people are said to enjoy the right to autonomy, not least in their own health and treatment of illness. When a conflict of interest arises between how someone would have them self treated and how they have been treated, the courts have been called upon, either to stop a treatment proceeding or provide compensation when it has been seen as unlawful. In this case, when performed without the correct consent required. The law in the past has almost always sided with medical opinion. The 'doctor knows best' idea has been part of society for a long time. Recent cases have proven this is not always correct. We will examine how far the courts have actually progressed in maintaining autonomy and whether it is in their 'best interests' to do so. The tort of battery is uninvited and un-consented physical contact not seen as an everyday occurrence. A doctor will commit battery and possibly the crime of assault if a patient consents to a different procedure they receive. The defendant is then liable to all damages which flow from this invasion even if a specific injury has not been established.1 In negligence, the
"The rights and interests of parties other than the patient should be better accounted for" Discuss, with reference to the law governing confidentiality and the treatment of incompetent patients.
Medical Law Coursework 1 "The Principle of respect for patient autonomy has attained too much importance in English medical law; the rights and interests of parties other than the patient should be better accounted for." Discuss, with reference to the law governing confidentiality and the treatment of incompetent patients. The central issue of this essay appears to be the concept of consent and thus I must examine the different ways of giving your consent in differing situations. I will start by giving a brief outline on the conditions for competent adults to give consent to treatment and analyse the extent to which this group makes an autonomous decision. I will then go on to analyse the law surrounding incompetent adults' means of consenting to treatment as this illustrates the approach taken by the courts when an individual is incapable of consenting. This will have covered giving consent with regards to treatment but then I must look at the area of patient information and how this information is released, is it a completely autonomous decision on behalf of the patient? I will conclude that in fact the interests of other parties other than the patient are accounted for in certain situations and that the law appears to be edging towards giving these groups more recognition. The notion of consent represents the ethical principle that each person has a right to
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 use of the Abortion Act in relation to the abortion pill
There is a long standing debate surrounding the ethics of both abortion and assisted conception. The moral reprehensibility of both, although touched on, are outside the ambit of this essay. The purpose of this essay is to assess the current law. Under S.1 (a) of the Abortion Act 1967 an abortion can be carried out up to 24 weeks on the grounds that carrying the pregnancy to term would damage the physical or mental health of the woman. As mifepristone can only by used up to 8 weeks of pregnancy (Grubb:1961:669), and deformities or disabilities in the foetus cannot be recognised at such an early stage, it is S.1 (a) of the Act that the use of mifepristone may be authorized. Thus, the essay is focused on S.1 (a) and whether the full application of the section in relation to the use of mifepristone is overprotective. Throughout the essay, it is presumed that a foetus under 24 weeks is not viable and that whilst it is accepted that a foetus does have some moral status it is not exactly the same as a person (Dworking:as cited in Jackson:2010:662) thus the ethical debate around the life and value of a foetus shall be left untouched. I also accept that assisted conception techniques are a valid medical procedure that should carry on. The current law on assisted conception is governed by the HFEA 1990 under which clinics are authorized to carry out assisted conception. It is S.13 (5)