Discuss a dilemma from a legal and professional viewpoint - Essay Example

Download file to see previous pages Assessing Capacity f. Key Points about Mental Capacity Act (2005) g. UK Statutes of Law 3. Professional Implications of the Case a. Mental Capacity in Medical Profession b. Consent to Treatment c. Principles of Medical Laws d. Medical Principles 4. Conclusion Mental Capacity and Consent Scenario in Clinical Practice Alexander James is a 19 years old deaf teenager admitted in a mental institution for paranoid personality. Alexander was born deaf and abused by his siblings and friends because of his disability. He grew up believing that everyone is trying to plot a mischief against him. James’ parents admitted him in the mental institution because his paranoid disorder affected his academics, social life and relationships with other people. While at the mental institution, Alexander’s mental disorder intensified when he saw doctors communicating and laughing. He thought that they were laughing at his disability and were plotting to harmful activities against him with their medical practice. James became violent towards the mental health providers and other patients. He was sedated and kept in isolation while his mental health treatment began. During his treatment, James was diagnosed with early symptoms of leukemia. Doctors summoned his parents and informed him that immediate treatment would eliminate the cancer. However, James refused this treatment because he believed that God intentionally planned for his deafness and leukemia, which means that he wanted the cancer to take its own course. The doctors respected James wishes in the presence of an attorney and he received hospice care for the remaining months. In 1994 in England, a similar case of mental capacity and consent occurred when a 68 years old man refused treatment. The case is referred to as Re C (Adult: Refusal of Treatment) [1994] 1 WLR 290, where Mr. C was confined in a mental hospital because of a prolonged paranoid schizophrenia (Tan 4). He further explains that Mr. C had a gangrenous foot that threatened his wellbeing if untreated by amputation. However, Mr. C refused treatment and filed a case to deter doctors from amputating his foot in future. Justice Thorpe ruled in his favor because his delusions and mental illness did not affect his capacity to listen, understand and make solid judgments about his desires (Tan 4). Legal Implications of the Case In the case of James and the medical professionals in the mental institution, his wishes and beliefs were granted after a thorough consultation. Below is a discussion and analysis of the impact of James’ case on UK’s legal system. Capacity in Law Capacity is legally defined as individuals’ ability and freedom to make their own decisions or take necessary actions that will affect their own lives (Law 2). She further explains that the Law Commission of UK implemented a Mental Capacity Act that empowered and encouraged people to make their own decisions about important issues in their lives. Patients in the UK that refuse emergency treatment must be legally competent by exhibiting a high capacity. The wishes of these patients are respected after proving to the court that they have mental stability to reason clearly and deliberate (Buchanan 2). They should hold appropriate objectives and values concerning their refusal of treatment. The law requires patients that refuse emergency medical care to appreciate and acknowledge their current circumstances. Patients are required to understand the information presented by their doctors and finally communicate their desired choice, ...Download file to see next pagesRead More