Ethics

Question 1

can people consent to treatment on behalf of an incompetent adult

Answer 1

no - the court has to make a decision

Question 2

Quasi law

Answer 2

the regulatory body sets out guidelines (GMC guidelines)

Question 3

Statute law

Answer 3

where the queen passes the law and it becomes an act (cannot be overruled)

Question 4

what is the mental capacity act - 2005

Answer 4

legal framework to make decisions on behalf of those who lack the capacity

Question 5

what is consent - Gillon

Answer 5

voluntary, un-coerced decision made by a sufficiently competent or autonomous person on the basis of adequate information and deliberation to accept rather than reject some proposed course of action

Question 6

what does valid consent consist of

Answer 6

information
voluntarine
competence

Question 7

importance of consent

Answer 7

• legal requirement
  -respect patient autonomy
• respect for person
• establishes relationships of trust with patient
• benefits patients
  (subjectiveness of benefit, more realistic expectations, more co-operations)

Question 8

what is required from the patient when making decisions about treatment

Answer 8

1) patient must understand
2) retain information long enough to make decision
3) communicate their decision

Question 9

what must the doctor look for if the patient refuses treatment

Answer 9

to see if they’re competent and is giving valid consent

Question 10

exceptions where consent not needed

Answer 10

necessity - where treatment is best option and patient is not competent to give consent
emergency - when doctor must act to prevent harm.

Question 11

what are the types of consent

Answer 11

1) imputed (weakest)
2) implied
3) expressed consent (oral/written) - legally valid.

Question 12

when practical decisions what should you consider:

Answer 12

Moral Perception - consider ethical dimensions which may not be apparent at first site
Moral Reasoning - 4 principles
Moral Action - actually implementing the ethical practise independantly

Question 13

4 principles of moral reasoning

Answer 13

• Autonomy (enables individuals to make reasoned informed choices. autonomy allows independence, respect, establishes, trust, exercising or moral duty, cooperation with patient.)
• Beneficence (balancing benefits of patients against risk and costs- act in a way that benefits patients)
• Non - maleficence (avoiding the causation of harm: healthcare professionals should not harm the patients. all treatment involves some harm but the harm should not be disproportionate to the benefits of treatment)
• justice - distributing benefits risks and costs fairly, the notion that patients in similar positions should be treated in a similar manner

Question 14

attributes of a HCP

Answer 14

• belong to an organisation
• exercise autonomy over their work
• pledge assistance to those in need
• possess ‘esoteric’ knowledge - deep knowledge understood by a few
• licensed by state

Question 15

duties of HCP

Answer 15

• moral duty: what you think is right or wrong (guilty)
• professional duty: what the GMC thinks is right or wrong (sacked)
• legal duty - what the law things (jailed)

Question 16

can a minor aged 16-17 years old with a legal right consent

Answer 16

for certain procedures yes.

parents can override a person under 16 years old

Question 17

parental responsibility

Answer 17

• all mothers have PR
• biological father only has PR if married to mother at time of conception, birth or currently
• other people can obtain PR (step parents, authority, adoption agency)
• uni lateral (only one parent is needed)

Question 18

negligence - what do patients need to prove

Answer 18

duty of care
breach of duty of care
breach caused by harm