12. LEGAL FRAMEWORK OF HUMAN RIGHTS

Question 1

1. What are three examples of the Legal Framework of Human Rights?

Answer 1

1. The UN Declaration of Human Rights
2. The National Legislation of Human Rights
3. UK- The Human Rights Act of 1998

Question 2

2. What right does the Legal Framework of Human Rights ensure to?

Answer 2

IT INCLUDES THE RIGHTS TO:
- life
- to be free from inhuman and degrading treatment
- the respect for privacy and family life
- the freedom of expression
- to be free from discriminatory practice

Question 3

3. As a Medical Practitioner, what does neglecting to take consent breach?

Answer 3

-it is a breach of rights
- it is a disrespect of autonomy
- it is unethical
- it does not treat the patient with dignity
- it is not professional behaviour
- it does not follow legal and professional guidance

Question 4

4. According to Beauchamp and Childress, how do we respect a patient’s autonomy?

Answer 4

1. PRECONDITIONS
   
   • the doctor must be competent
   • the doctor must have the ability to understand and
     decide
   • the doctor and the patient have to volunteer in
     deciding
2. INFORMATION
   - the doctor has to disclose the information to the
   patient
   - the doctor has to recommend a plan
   - the doctor has to understand the information and the
   plan
3. CONSENT
   
   • a decision has to be made in favour of the plan
   • there has to be authorisation of the chosen plan

Question 5

5. List 2 benefits of Consent?

Answer 5

1. CONSENT HAS THERAPEUTIC POWER
   
   • it has a critical impact on care
   • it encourages a type of care in which people are
     recognised as individuals
   • patient’s anxieties, priorities and perspectives are
     taken into account
2. THERE IS MORE CONTROL OVER THE PATIENT CARE
   
   • there are more realistic care expectations
   • the patient’s are more co-operative
   • there is an established relationship of trust between
     the doctor and the patient
   • it will build a sense of respect and recognition of
     the value of the human person

Question 6

6. What varies when it comes to consent?

Answer 6

• the different approaches people have to it

NB:
- regardless of the different approaches people take:
the commitment on the part of the professional and
the patient need to remain constant

Question 7

7. What are 2 exceptions to the requirement for informed consent?

Answer 7

1. In situations where patients voluntarily give over their
   decision-making authority to the physician or to a
   third party
2. In instances where the disclosure of information
   would cause harm to the patient

Question 8

8. Why are there situations where patients voluntarily give over their decision-making authority to the physician or to a third party?

Answer 8

THIS MAY BE BECAUSE OF:
- the complexity of the matter
- the patient has complete confidence in the physician’s
judgement
- on the basis of cultural ideologies

Question 9

9. What is the Concept of Therapeutic Privilege?

Answer 9

• it allows physicians to withhold medical information if
  disclosure would be likely to result in serious physical,
  psychological or emotional harm to the patient
• physicians should be able to use this privilege only in
  extreme circumstances

Question 10

10. What is an example of the Concept of Therapeutic Privilege?

Answer 10

• if the patient would be likely to commit suicide if the
  diagnosis indicates a terminal illness

Question 11

11. What does the GMC Consent in Medical Practice Guidance Outline?

Answer 11

• you should not withhold information that is necessary
  for making decisions unless you truly believe that
  giving it would cause the patient serious harm
• you can choose to withhold information when a
  relative, friend or carer asks you to

Question 12

12. According to the GMC Consent in Medical Practice Guidance, what should you do when you withhold information as a Medical Practitioner?

Answer 12

• you must record your reason for doing so
• this is recorded in the patient’s medical records
• you must be prepared to explain and justify your
  decision

Question 13

13. In which situations is consent not necessary?

Answer 13

• when there is a medical emergency
• when the patient is unconcious
• you would use the Doctrine of Necessity

Question 14

14. According to the GMC Consent in Medical Practice Guidance, what should you do when an emergency arises?

Answer 14

IF IT IS NOT POSSIBLE TO FIND OUT THE PATIENT’S WISHES:
- you can treat them without their consent
- this is only if this treatment is immediately necessary
to save their lives or prevent serious deterioration of
their condition
- the treatment must be the least restrictive of the
patient’s future choices

Question 15

15. What steps would a doctor follow when a patient is visiting them about a flu vaccine?

Answer 15

1. PROCEDURE
   
   • an injection
   • an annual flu shot
2. EXPECTED BENEFITS
   
   • helps to prevent the flu
   • it helps to reduce the severity of the symptoms
3. RISKS AND SIDE EFFECTS
   
   • there are common risks like tiredness and aches
   • soreness in the area
   • there is a rare risk of a neurological syndrome
4. NO TREATMENT
   
   • you are more likely to get the flu
5. ALTERNATIVES
   
   • the option of nasal spray

Question 16

16. Looking at this case, do patients have rights to services that are not recommended by Physicians?

Answer 16

• the patient has the right to choose among other
  options
• In Clinical Practice:
  
  • the doctor is not obliged to perform a procedure that
    they do not consider appropriate to the condition
    or that is beneficial to the patient
• Resource Distribution:
  
  • another hospital may have better resources for the
    patient
  • they may have a better health policy

Question 17

17. Read through this summary.
    Does everything make sense?

Answer 17

• yes

Question 18

18. Answer these questions.

Answer 18

• you can answer them verbally or
  on paper