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Law and Ethics in Health and Social Care - Essay Example

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“Valid Consent to Treatment” 1a. Analyse the major moral theories and deal critically with argument for and against their use. Among legal theorists, the association between the law and morality has been debated over long years. As per McComack, It is being argued by the natural law theorists that legal rules are only legitimate if footed upon moral values whereas legal positivists argue that legal rules are social makeup, and their subsistence is not reliant on any specific moral value…
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Law and Ethics in Health and Social Care
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Law and Ethics in Health and Social Care

Download file to see previous pages... For instance, in UK and Wales, it is essential to get consent from a patient who is an offender under NOMS 2007. (Eher et al 2011:33). Two fundamental theories on medical ethics have been specifically powerful in the British medical profession in the last 250 year, and they are viz. Utilitarianism or Consequentialism – This based on simple concept, and this concept demands for the outcomes of each action to be resolved and that with the predictable most favourable outcome is the best way to adhere. The most constructive outcome is one where there exist the least human pains and most contentment. Deontological or Duty-based ethics- This theory utters that medical professionals are duty-bound to some actions in their medical practice despite the outcomes. For instance, it is significant to be honest ever with their patients. However, in contrast, a utilitarian may say that it is wise to say lie to a terminally ill patient as regard to their diagnosis if the real fact is going to increase their pain and sufferings. In real scenarios, the above two theories exist simultaneously in the medical profession. For example, it is often significant that medical professionals inform the patient the real truth about a terminal diagnosis. In reality, the majority of medical professionals may like to avoid informing the truth to the patient directly. (Khan 2006:1). There exists in moral medical practice that shapes moral base of the physician –patient relationship. These notions are competence, valid consent, rationality, competence justified paternalism, shared decision-making and truth telling. The cornerstone of ethical medical practice is to obtain valid consent from a patient for any type of therapy or diagnosis types .By obtaining a valid consent from a patient for a medical treatment, the medical practitioner is thus respecting patient’s personal autonomy and self-determination. The moral rule that forbids one individual from denying another of freedom demands that medical practitioner should get valid consent from the patient. It is to be observed that for touching a patient’s body, a physician needs valid consent from the patient. Physicians acknowledge respect for autonomy by receiving valid consent before any treatment is started. The traditional and more widely used phrase “informed consent” is not adequate in ethical practice since it connotes mistakenly that by just offering information to the patient is enough to authenticate the consent process. (Bernat 2008: 24). Majority of the doctors, despite unconscious to moral theories, do acknowledge that there are some fundamental norms of medical ethics that are vital to their profession. The four norms which are advocated by James Childress and Tom Beauchamp in 1970s that are widely employed and acknowledged are: Autonomy – it connotes self-rule, and this rule compels medical practitioners to honour the decisions and wishes of the patient, even if they seem to be wrong. Under this, there are rules like “avoid conception”, “respect confidentiality “ ...Download file to see next pagesRead More
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