Nobody downloaded yet

Medical Law - Coursework Example

Comments (0) Cite this document
Summary
Question 1: Capacity in medicine: “Discuss when a patient has the capacity to consent in medicine.” under UK Law. Individual autonomy forms the underlying basis for determining whether or not a patient has the requisite capacity to consent to medicine or medical treatment.1 The principle of autonomy is connected to respecting the integrity of the body and individuals’ right to determine whether or not they want to permit medical professionals “access to their bodies”.2 The classical definition of autonomy was stated in a US case in 1914 and adopted by the House of Lords in 1993…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.3% of users find it useful
Medical Law
Read TextPreview

Extract of sample "Medical Law"

Download file to see previous pages In this regard, an individual’s right to self-determination is based on the individual’s capacity to exercise that right. In other words, autonomy and the right to self-determination are the ethical factors underlying what UK law accepts as capacity or competency.5 The law assumes outright that individuals have the capacity to consent to medical treatment. Under Section 1(2) of the Mental Capacity Act 2005, “a person must be assumed to have capacity unless it is established that he lacks capacity.”6 In other words, the capacity to consent is a rebuttable presumption, although healthcare professionals are required to start out with the presumption that all patients have the capacity to consent to medical treatment. The presumption of capacity to consent is not automatically denied minors. ...
s it would be if he were of full age; and where a minor has by virtue of this section given an effective consent to any treatment it shall not be necessary to obtain any consent for it from his parent or guardian.7 It would therefore appear that the age of majority has been lowered to 16 in terms of determining the legal capacity to consent to or refuse medical treatment. However, Section 8(3) of the 1969 Act goes on to provide that Section 8 “shall not be construed as making ineffective any consent which would have been effective” in the event “this section had not been enacted”.8 It therefore follows that common law considerations relative to assessing capacity on the basis of the patient’s ability to process and understand information relative to medical treatment in a rational manner may be applied to all minors. Lord Scarman noted in Gillick v West Norfolk and Wisbech Area Health Authorit that fixing the age of minority at 16 was undesirable as it: Brings with it an inflexibility and a rigidity which in some branches of the law can obstruct justice, impede the law’s development and stamp on the law the mark of obsolescence where what is needed is the capacity for development.9 In other words, Lord Scarman felt that it was unrealistic to fix the age of development when many factors influenced a child’s level of maturity and thus the issue of whether or not a minor was in a position to understand the medical treatment proposed and thus make a rational decision about accepting or refusing to accept it. It therefore follows that capacity to consent to or refuse to submit to medical treatment is a subjective issue. Legal capacity to consent to medical treatment or medicine is not determined or fixed on the basis of the individual’s status. Therefore ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Medical Law Coursework Example | Topics and Well Written Essays - 6500 words”, n.d.)
Retrieved from https://studentshare.org/law/1396865-medical-law
(Medical Law Coursework Example | Topics and Well Written Essays - 6500 Words)
https://studentshare.org/law/1396865-medical-law.
“Medical Law Coursework Example | Topics and Well Written Essays - 6500 Words”, n.d. https://studentshare.org/law/1396865-medical-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Medical Law

Medical Law

...?Medical Law Introduction The most sacrosanct right conferred to man is the freedom of choice. However, much controversy is generated when the autonomy of choice is exercised over right to life or in its negative form, the right to terminate life. Man, when faced with mortality, reacts differently but nonetheless when an option is made refusing medical treatment or procedure, the wisdom or motivation of such preference is put to test not to mention the mental state of the person making it is similarly questioned. It would appear that the capacity to think rationally or make an intelligent choice is diminished when it involves a medical decision to prolong or terminate...
11 Pages(2750 words)Essay

Medical Law

...? Medical Law of the of the Medical Law Euthanasia constitutes a deliberate omission or intervention that has as itsobjective, the termination of the life of an individual, in order to assuage persistent pain or suffering. Undoubtedly euthanasia and assisted suicide have several consequences for healthcare (Sanders & Chaloner, 2007, p. 41). Patients in a permanent vegetative state would perforce suffer a life of grossly inferior quality, in the opinion of the courts of the UK. In order to lend succour to such patients, the courts have frequently recommended the discontinuance of life prolonging medical procedures. Moreover, the evaluation of the...
8 Pages(2000 words)Essay

UK Medical Law

...Running head: UK MEDICAL LAW UK Medical Law: The Rights of the Patient You're This research was carried out to give emphasis into the principles of the medical law within the UK. There have been a number of changes in the health care system within Britain alone, and this includes the new laws that have come into affect. The emphases of this research is situated around the fact that patients have rights whether they be conscious or unconscious and doctors have to abide by these various laws and regulations surrounding their practice in medical care. There are numerous examples to be...
4 Pages(1000 words)Essay

Medical law

...You’re 14 June 2006 Medial Law: The Liability in Medicine Case Treatment process of Rowan whose prognosis and medical regimen was carried out by Dr. Evil. Within the framework of this particular medical case Dr. Evil is indeed guilty of medical negligence. This is of course relative to the care of this patient from the doctor himself. What has transpired in this case is also known as “malpractice” which is derivative of medical negligence. Negligence by a doctor such as Dr. Evil is a tort and a tort is a civil wrong which therefore makes this doctors actions a civil wrong against the patient. For example, in regards to the doctors duty in this case, it can be perceived that there was not a correct consultation given nor... was there...
4 Pages(1000 words)Essay

Medical law

...Medical Law The law accepts that an adult is fully capable of making decisions in regard to medical treatment, and no medical practitioner mayprovide treatment without first gaining the consent of the patient. This position has its roots in the general belief that applies to the autonomy of the individual to “determine what shall be done with his own body” as articulated by Justice Cardoza1. However, the position in reference to minors is somewhat different, since they are not legally adults. The criterion applied by the law in the case of minors receiving or refusing medical treatment was set out in the case of Gillick v...
8 Pages(2000 words)Essay

Medical Law

...of the of the of the Medical Law Part One Cindy had to undergo a caesarean section. Dr. Fell entrusted this task to an inexperienced Dr. Mo, who failed to clean the surgical equipment, leading to a serious infection to Cindy. In addition, he sterilized Cindy, without proper assessment due to his inexperience; and without her consent. Nancy was advised by Dr. Maki to undergo a caesarean section; which she declined. Moreover, she refused to be administered an epidural anaesthetic. Dr. Maki told her that in the absence of a caesarean section, her baby was unlikely to survive. Medical practitioners are legally considered to be negligent in their work, if their actions are not in accordance...
10 Pages(2500 words)Essay

Medical Law Problem

...Application of Medical Law Question One In order to advise Tom and Fey in establishing a claim for negligence, for the damages caused to their son,against Dr. Green and the Wellington Hospital, the extant case law and statute relating to tort of medical negligence has to be examined. To prove tort of negligence: first, the defendant must have a duty of care; second, he should have violated this duty; and finally, the harm caused to the claimant should have been the result of breach of this duty1. It is to be ascertained whether Dr. Green had breached this duty of care. In clinical negligence, causation constitutes the link between breach of duty and damage. The courts...
9 Pages(2250 words)Essay

Medical Law & Ethics

...Medical Law and Ethics Universal Health Insurance By the World Health Organization’s definition, Universal Health Insurance is an organized healthcare insurance system that revolves around the principle of equal coverage for all members of society (WHO, 2010). In the United States, the Patient Protection and Affordable Care Act is the Universal health insurance legislation that will see the implantation of federally controlled health insurance from 2010 to 2019. The issue of health care and health insurance has been eliciting heated debates in the US for a long time. There are those people who support the current healthcare system whereby health insurance is mostly in the hands of private companies. There...
3 Pages(750 words)Essay

Medical law

...Medical Law Number Department Advise for Clare on the legal issues arising For Clare’s case, there are still chances that her pregnancy can be terminated. This is because under the Abortion Act of 1967, abortion may be carried out even as late as 24 weeks into pregnancy, provided the reasons for the application of an abortion include: the need to save a baby’s life; securing the mental and physical health of the mother (from permanent injury); and the presence of substantial risk of the child being born with mental or physical complications or handicap. From the case provided, the Upmarket NHS Trust established that Clare’s baby may be born with physical disability. The only exception to this case is...
4 Pages(1000 words)Essay

Medical law

... School: MEDICAL LAW Lecturer: ‘The law addressing transplantation has undergone considerable change over thelast few years. Nonetheless, the shortage of human organs continues to cause otherwise preventable death and suffering.’ (Pattinson, 2006) Critically evaluate the changes to the law that have taken place in recent years and consider possible alternative responses, which may increase the supply of human organs for transplantation. Introduction The law addressing transplantation of human organs is one that has continued to receive a lot of attention and come up for public debate and discourse. Debates surrounding the law have been noted to have come from two major perspectives, the first of which is a legal and professional... for...
10 Pages(2500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Coursework on topic Medical Law for FREE!

Contact Us