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Essays in Medical Law category
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"Discuss the different interpretations of 'the Bolam test' (see Bolam v Friern Hospital Management Committee [1957] 2 All ER 118). Critically evaluate the impact of the Bolam test in relation to key cases, particularly with reference to the Bolitho case.
... patients, a duty of care is implied between a healthcare professional and his patient, except where private treatment is sought. The difficulty in this area arises in respect of the standard of care required from a practitioner towards his NHS ...
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"In establishing the standard of professional conduct that ought be reasonably adopted by doctors, common law does little more than articulate standards adopted by doctors themselves, it does not impose those of its own" Discuss
... make professional judgements on the practices of other learned professions" (Braizier p87). This statement could be taken as a contradiction to what LJ McNair stated above, it could be seen that doctors are articulating their own standards, because judges do ...
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"The rights and interests of parties other than the patient should be better accounted for" Discuss, with reference to the law governing confidentiality and the treatment of incompetent patients.
... patient? I will conclude that in fact the interests of other parties other than the patient are accounted for in certain situations and that the law appears to be edging towards giving these groups more recognition. The notion of consent represents ...
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'The English courts only pretend to respect patient autonomy. In any difficult case, the judges prefer the doctors' judgement of the patient's best interests.' Discuss.
... un-consented physical contact not seen as an everyday occurrence. A doctor will commit battery and possibly the crime of assault if a patient consents to a different procedure they receive. The defendant is then liable to all damages which flow ...
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Abortion is a very controversial issue.
... asked a question: "what about the child with disease that will die a slow death or live his life as a burden to his family?" The webmaster responded with: "Do you believe the new "ethic" should be that we kill ...
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Abortion Persuasive Essay
... some are also inspirational. We cannot assume the responsibility for killing an unborn child simply because the child has not yet been seen in public. The child's place of residence does not change what abortion does - kill a human ...
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Bolitho V.City and Hackney Health.
... professional opinion. The use of these adjectives responsible, reasonable and respectable all show that the court has to be satisfied that the exponents of the body of opinion relied upon can demonstrate that such opinion has a logical basis. In ...
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Consider the accuracy of this statement regarding Chester v Afshar.
... distinct parts, one of which is the duty to provide information. If a claimant contends that he was not warned about a risk in a procedure he will need to prove that the risk should have been disclosed, therefore confirming ...
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Discuss about abortion and its methods.
... determine the pregnancy is undesirable or not feasible at that given point in time. Many there are, reasons for the carrying out of the fore defined term. Such reasons include: an immature commitment to parenthood such as the case of ...
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Euthanasia
... is merciful. Turning off support systems is a positive act of death (Singer, 76). In the Encyclopedia of Bio-ethics, some religious views of euthanasia were given. Hebraic and Jewish denominations strongly oppose the practice. They believe life is a precious ...
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Immanuel Kant and John Stuart Mill have two different standards for a right action. Each of which will be briefly explained in the following paragraphs with examples to further elaborate these standards.
... is promoting the greatest happiness for her/his self. John Stuart Mill's standard is the, "Greatest Happiness Principle." This principle holds that actions are right in proportion, as they tend to promote happiness or pleasure and wrong as they promote the ...
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In order to make a successful claim in the tort of negligence, the patient must establish that the defendant owed them a duty of care.
... to treat the patients. The standard of care for all medical malpractices for health care professionals and providers' was established in Bolam v Freirn HMC4. The case saw the birth of the Bolam test, where 'A doctor is not guilty of ...
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Is the Doctrine of Double Effect legalising Euthanasia by the back door
... overcome that sort of silent, cruel selection by which the weakest are unjustly eliminated."2 Indeed, the Hippocratic Oath swears that "I will neither prescribe nor administer a lethal dose of medicine to any patient even if asked nor counsel any ...
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Law and medicine.
... no general doctrine whereby a spouse or relative is empowered to give a legally effective consent to medical procedures to be carried out on an adult. There are circumstances where doctors are justified in proceeding without the consent of the ...
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Medical Law.
... imperative that the ethical justifications are considered when examining the conditions in which it may be lawfully infringed. The utilitarian philosophy is founded upon an ethos of practicality and an assessment of actions which will be beneficial for all. In ...
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The doctrine of Informed consent
... may require different information and different amounts of information relating to the risk involved, in order to enable them to decide whether to undergo the operation in the first place. As emphasised by Lord Templeman in Sideway v. Board of ...
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The philosophical, professional and legal aspects of maintaining confidentiality of a psychiatrist will be examined.
... of men which ought not to be spoken of abroad, I will not divulge, as reckoning that all such should be kept secret'.1 This concept has consistently been part of the codes of conduct for the medical profession, both internationally ...
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Transplants, Medical Law. A young woman (A) has been diagnosed as having a progressive kidney disease
... maintain that if her sister were to die, B would suffer negative psychological repercussions. A has always been ashamed of her sister who has lived in an institution most of her life and has rarely visited her. The parents also ...
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Within the context of professional ethics, observing the principle of confidentiality means keeping information given by or about an individual in the course of a professional relationship secure and secret from others. In Hunter v Mann[1]
... of each case. In X v Y2, a Health Authority sought an injunction to prevent a national newspaper publishing the names of two practising doctors who were receiving treatment for AIDS. The Court balanced the public interest in freedom of ...