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Clinical and Professional Practice > Ethics and Law > Flashcards

Ethics and Law Flashcards

1
Q

What are the sources of law?

A

case law/common law and statute law

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2
Q

What is common law/case law?

A

law developed through individual court cases

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3
Q

What is statute law?

A

law created by an Act of Parliament

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4
Q

What does the Mental Capacity Act (2005) presume?

A

all adults have capacity

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5
Q

What happens under the Mental Capacity Act (2005) if there is doubt as to an adult’s capacity?

A

is there a disturbance of mind or brain?
can they understand and retain information?
can they weigh information to reach a decision?
can they communicate their decision?

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6
Q

What happens in the absence of statute law?

A

courts make decisions based on precedence

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7
Q

What overrides previous common law?

A

a statute passed by parliament

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8
Q

What types of law exist?

A

civil law and criminal law

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9
Q

What does the GMC do?

A

protects patients and improves medical education and practice

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10
Q

What is the aim of civil law?

A

protect individuals

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11
Q

What is the aim of criminal law?

A

maintain law and order and protect society

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12
Q

What are the consequences of civil and criminal law?

A

civil - compensation
criminal - punishment

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13
Q

What determines outcomes in civil and criminal law cases?

A

civil - balance of probabilities
criminal - beyond reasonable doubt

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14
Q

Who determines outcomes in civil and criminal law cases?

A

civil - judges
criminal - jury and magistrates

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15
Q

What are the outcomes of civil and criminal law cases?

A

civil - liable or not liable
criminal - guilty or not guilty

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16
Q

What are some functions (4) of the GMC?

A

decides who is qualified
oversees education and training
sets the standards and maintains these throughout careers
takes action on safety and public confidence in doctors

17
Q

Why are there duties of a doctor?

A

patients must trust doctors with their lives and health, in order to justify this we must show respect for human life

18
Q

What are the duties of a doctor?

A

care of patient is first concern
good standards of practice and care
protect and promote health of patients and public
treat patients as individuals and respect dignity
work in partnership with patients
be honest
have integrity

19
Q

What are the principles of professional behaviour for medical students?

A

good clinical care
maintain good practice
teaching, training, appraising and assessing
relationships with patients
working with colleagues
probity
personal health

20
Q

What are the pillars of medical ethics?

A

autonomy, beneficence, non-maleficence, justice

21
Q

How can ethically challenging situations usually be resolved?

A

clear, logical thinking and good communication

Clinical and Professional Practice (2 decks)

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