Ethics Flashcards
What is criminal law
accuser is the state
penalties can be fine or imprisonment
jury
What is civil law
accuser is a person
penalties are financial paid to the person
no imprisonment
no jury
What is the law of consent
All people aged 16 and over are presumed in law to have the capacity to consent to treatment unless there is evidence to the contrary
What is the law of consent for those under 16
A person under the age of 16 years shall have legal capacity to consent on his own behalf to any surgical, medical or dental procedure or treatment where, in the opinion of a qualified medical practitioner attending him, he is capable of understanding the nature and possible consequences of the procedure or treatment
What is the exception to the consent rule
lifethreatening emergencies
What is the rules of parental responsiblity
Births registered from 4 May 2006 in Scotland, PR rests with both parents, if they are named on the birth certificate, whether married or not.
Births registered before 4 May 2006, father automatically has PR only if he was married to the mother. If not, he needs a Parental Responsibility Agreement/Order. A step-parent or civil partner may also obtain PR in this way.
If parents are divorced, both retain PR for the child.
PR is lost by giving the child up for adoption. When the child has been formally adopted, the adoptive parents get PR
What is the rules of parental responsiblity
Births registered from 4 May 2006 in Scotland, PR rests with both parents, if they are named on the birth certificate, whether married or not.
Births registered before 4 May 2006, father automatically has PR only if he was married to the mother. If not, he needs a Parental Responsibility Agreement/Order. A step-parent or civil partner may also obtain PR in this way.
If parents are divorced, both retain PR for the child.
PR is lost by giving the child up for adoption. When the child has been formally adopted, the adoptive parents get PR
What are the exceptions to parental responsiblitity
Those with PR may delegate particular responsibilities – e.g. authorising schools to give treatment for minor ailments. In an emergency, a person without PR – for example, a grandparent or childminder – may do “what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare”. This could include giving consent to urgent medical treatment.