Discuss the law of consent to treatment and the law of negligence - Assignment Example

According to the law of consent to treatment and health care directives act, every person seeking medical attention has a right to: permit or refuse to give consent to health practitioners on whatever reason (Corfield, Granne, & Sayer, 2009). In addition, they may choose the best treatment among provided treatment methodologies, given assistance by qualified medical practitioner, and be involved in decision making on any medical practices to be performed on him or her (Hockton, 2002). For this law to be valid, various factors should be put into deliberation.

For example, the person issuing the consents should be provided with all necessary information on the medical procedure to be undertaken (Thornton, 2008). It should be able to address, the benefits, side effects of treatment, and indicate other alternatives (Rozovsky, 2003). The consent be given voluntarily with the patient and not forced of him. It should be understandable to help the patient make an informed decision (Bartlett, 2008). However, there are cases in which treatment of a patient may go on with or without their consent.

This include (a) Supplementary actions; this is mostly prominent in surgery processes where during an operation the surgeon might encounter an extra problem that needs an additional procedure, here the surgeon has no choice but to go ahead and perform the process for he cannot waken the patient to approve the consent (Herring, 2010). A choice made in the interest of the suffering patient. (b) Emergency treatment; this happens mostly during emergencies e.g. When a patient is unconscious and cannot provide a consent, the medical practitioners will provide treatment and after consciousness is regained by the patient all reasons on why the treatment was given (Rozovsky, 2000). (c) Risk to the public; a person can be held on the hospital unwillingly until he or she has fully recovered if the person has an infectious disease that can a public health risk. (d) Mental condition; mental disoriented persons can be held either willingly or unwillingly in hospital without their consent, this differs globally according to laws of the given land (Dimond, 2008).

Treatment given to such people must for their wellbeing. (e) Changes in capacity; a patient’s capacity to consent can change. There are different reasons that might affect a person’s capacity to give consent to treatment. Issues like panic, extreme tiredness, instant shock, patients under drug and unstable medical conditions such as schizophrenia influence are usually not fit to give medical consents (Bartlett, 2008). Such persons are advised to make early decisions on the treatment they would prefer in case of future incapacity (Dimond, 2008).

Negligence; this implies failure to act with the prudence that a rational individual would exercise under the same conditions. The law of negligence states that a person or an institution is liable for any Injury caused negligently on the person seeking services from the person or organization (James, & Deeley, 2002). Medical negligence or medical malpractices are terms used to indicate a negligent act by either medical practitioner or medical facility that leads to injury (Bartlett, 2008). When such injury arises the affected party can take legal action and such cases fall below the category of individual injury law.

In many jurisdictions, there certain approved standards that people should receive. In case of irresponsible or erroneous