ethics and law in medicine Flashcards
what are the two principle sources of uk law
- common law and statue law
how is common law developed and give an example
- developed through court cases
- example Re C-adult refusal of treatment 1994
how is statue law developed and give an example
- through act of parliament
- mental capacity act
explain Re C, what did it establish
- adult refusal of treatment 1994
- c had paranoid schizophrenia (delusions of being a great surgeon) and developed gangrene in his leg, did not want his leg to be amputated. judge decided he was competent to refuse treatment because he understood, retained and weighed out the information, valid until 1994 to 2005
what is the mental capacity act 2005 criteria for assessing capacity
- understand
- retain
-weigh out - communicate the information
important to not all adults are assumed to have capacity unless proven otherwise
how do courts make decision in the absence of statue law
- courts make decision based on precedent
what overrides previous common law
- a statue passed by parliament
give an example of laws and attitudes can change over time
- suicide was considered a crime of self murder in the 13th century, in mid 20th century courts started to refuse to prosecute individuals who attempted suicide, reflected a change in social attitudes
suicide act 1961: suicide no longer considered a crime however theres up to 14 years of prison if aiding suicide of another
what are two different types of law
- criminal law
- civil law
explain the following for criminal law:
- aims
-sanctions
- standard of proof
-decision makers
- parties
- to maintain law and order and protect society
- punishment
- beyond reasonable doubt
- jury/ magistrate (guilty/not)
-state vs defendant ( r vs shipman)
explain the following for civil law:
- aims
-sanctions
- standard of proof
-decision makers
- parties
- to protect individual
- compensation
- balance of probabilities
- judges (liable/not)
- claimant vs defendant ( rec 1994)
when was the gmc established and what is it
- general medical council established in 1858 by medical act
- regulatory body- regulates doctors in uk and protects patients
what is the role of the gmc
- to protect patients and improve medical education snd practice by setting standards and ensuring standards are met through and taking action to prevent a doctor from putting the safety of patients at risk
- provides guidlines regarding ethics and law which should be followed by doctors and medical students
what are the four domains of the gmc
- knowledge skills and development
- patients, partnership and communication
- colleagues culture and safety
- trust and professionalism
what does the first domain of the gmc mean ( knowledge skills and improvement)
- work within your competence
- be up to date with knowledge and skills
- provide a good standard of practice and care
