Block 4 Week 4: Scope & Limits of personal, professional & legal responsibilities of Dr's & medial students Flashcards
What are the Ethical arguments for Drs assisting in an emergency situation?
Consequentialist
•Greater ability to help- skills/ knowledge
Deontology
•Professional duty of care
Virtue Ethics
•Virtues of a Dr
What is the Legal position on Dr’s helping in an emergency situation?
No legal obligation to assist
When does a legal position for Drs to assist in an emergency arise?
(Think more about in hospital)
- Legal obligation to assist: MUST be established professional duty of care
- GP contractuallyobliged:
- During core hours
- Emergencywithinpracticearea
You are out an about: A person requires medical help?
a) Is there a legal obligation to help?
b) You decide to help- what has been establised?
c) Someone decides to make a negligence claim- what applies?
a) No legal obligation
b) If Dr identifies themselves & offers assistance in that capacity –> LEGAL DUTY of CARE established
Act only in clinical competence!
c) Negligence claims: Normal standard of care test applies
Social Action, Responsibility & Heroism Act (2015)
When is it used?
What does it consider?
Applied by the courts to determine the steps that a person was required to take to meet a standard of care
Considers:
- Was person acting for benefit of society?
- Demonstrate a ‘predominantly responsible approach’?
- Person acting heroically?
What is the professional obligation to help in an emergency
Must offer help in emergencies in clinical settings or community
Take into account: Own safety, Competence & Availabilty of other options for care
NHS Litigation Authority- what does it do?
What is not covered?
What does not apply?
Clinical negligence claims only for those listed in Dr’s contract
Additional Indemnity for Good Samaritan Acts!
Not covered:
- Disciplinary issues by employer
- Referrals to GMC
- GP
Not Apply:
- Agency work
- Voluntary/ Charity
- Overseas
What is informal medicine?
Tx/ Consultation without record- keeping or follow up
What is professional guidance on looking after/ prescribing for friends/ family?
Avoid if possible
What are the arugments for tx family/ friends?
- Trust relationship between Dr-Pt
- Greater understanding of person & context
- Better standard care
- Reduced burden on NHS
What are the arguments against tx family/ friends?
- Emotional involvement- lack objectivity
- Ax at home not as good as clinical setting
- Impaired relationship with GP
- Confidentiality
- Dr not want to explore sensitive topics
- Patient feel unable to refuse tx/ seek alternatives
Personal & Professional Boundaries:
Your conduct should?
Social medial use
a) Justify your patient’s trust in you and the profession
b) Use sensibly- Privacy setting etc..
Personal & Professional Boundaries:
Relationships
Do not peruse sexual/improper emotiona lrelationship with patient/ someone close to them
- Length since professional relationship ended
- Nature of previous professional relationship
- Was the patient vulnerable at time of professional relationship & if vulnerable now
- Will you be caring for other members of patient’s family
Medical Students- what should you consider?
- Aware of behaviour outside clinical environment: FtP!
- Behaviour must justify trust peoplehave in medical profession
- Act in clinical competence!
