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Social and Family Law - Essay Example

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SOCIAL AND FAMILY LAW Name of Institution Date Medical Law Task A1. It is important that Alex’s mother be advised accordingly in order to ensure that operation is done on Alex’s wrist, as well as ensuring that she does not suffer from severe depression as a result of hearing bad news about her son…
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Download file to see previous pages Secondly, she should be aware of the fact that a valid consent is that which is informed and voluntary and that the person who is consenting should have the capacity to make such a decision (Lynch, 2010, p. 70). More importantly, she should be aware that in situations where children are involved in medical treatment, consent from the parent is usually required as a matter of parental responsibility. As a legal concept, Jackson (2009, p. 105) argues that parental responsibility gives her the responsibilities, rights, and authority over her children. As such, treatment of Alex through a wrist operation will greatly depend on her consent to treatment. As has been noted, Alex’s mother is accorded with parental responsibility in regard to the treatment of her son. Additionally, it has been noted that for consent to be valid it has to be informed and voluntary. Therefore, Alex’s mother has the right to be informed about Alex’s condition and right to access Alex’s health records in order to make the decision on consent to his treatment. In regard to Brad’s situation, Mental Health Act 1983 adequately addresses the issues arising from the situation. Brad should know that the police have proper authority to take him to the hospital. This is because the Act provides that a person diagnosed with a mental illness should be detained in police custody or in hospital so that their disorder can be assessed and treated. Brad was admitted to the hospital as a compulsory patient because he needed assessment and care and to protect their safety or health and that of the public (Department of Health, 2011). Since Brad has refused to take the tablets, the Act the hospital staff can give him an injection against his will. The Act provides that in as much as the interests of the patient should be safeguarded, the patient can be treated against his wish in order to meet their health and safety needs. However, it is important to note that some types of treatment need to be approved by an independent doctor before being administered. Therefore, unless the administration of treatment through injection is an emergency because Brad has refused to take tablets, it should not be administered against his wish until it is approved by an independent doctor. According to Department of Health (2011), the Act stipulates that the hospital should give Brad information about his rights as a compulsory patient. This is essential in facilitating the effectiveness of the assessment and treatment process. Furthermore, the Act allows hospital to use his medical records for the purposes of their annual record validation. However, the details of the record should not be made public against his wish. Brad can look at his own medical records through the help of the nearest relative. The Act has a provision that gives the nearest relative the right to receive written information concerning the detention of the patient. Family Law Task A2. The contract of Marriage and the contract of Civil Partnership are governed by the Marriage Act 1994 and Civil Partnership Act 2004 respectively. These 2 types of contracts differ from the other types of contracts especially in regard to who may enter the contract, where it may take place, and the actual wording of the contract (Edge & Corrywright, 2011, p. 22). However, it should be noted that the legislation that govern these 2 types of co ...Download file to see next pagesRead More
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