Ethics Flashcards
Is negligence a form of civil law or criminal law? What about gross negligence?
Civil law
Criminal law
What is clinical negligence
Breach of duty of care
What does vicarious liability mean for doctors?
NHS body responsible to pay reparations
If a patient is mentally competent what is considered their best interest?
Their best interest is what he/she decides.
What are the three levels of medical ethics
- Medical law
- GMC guidelines and recommendations
- Ethics
What is battery?
Unlawfully touching without the patient’s consent
How does consent differ from a contract?
Consent can be withdrawn as it is not legally binding whereas a contract is legally binding- withdrawing has consequences
Is a signature proof of consent?
nope
What is the age of medical consent in Scotland?
16yrs
Do patients need to justify rationally and logically why they refuse treatment?
No- even if it is totally irrational
Do you assume that an adult is competent to give consent unless shown to lack capacity?
Yes
What four points affirm that someone has the capacity to consent?
If they can do the following;
- understand info relevant to the decision in question
- retain that information
- Use the information to make their decision
- communicate their decision
What are the three requirements of valid consent?
Capacity (competency)
Information (given all appropriate information)
Voluntariness (deciding voluntarily and independently without coercion etc)
Give three conditions upon which consent may be breached
If treatment is immediately necessary to save someone’s life or serious deterioration
If someone could be seriously harmed
If other legislation allows
What is the doctrine of double effect?
Explains the permissibility of an action that causes a serious harm (such as death) for the promotion of some good end
