Ethics and legal issues Flashcards
What do Fraser Guidelines apply to
Contraceptive advice/treatment in people under 16
What are the Fraser Guideline
Minor:
1) Understands advice
2) Cannot be convinced to tell parents
3) Will have sexual intercourse regardless of contraception
4) Without contraception their physical and or mental health will suffer (unwanted pregnancy)
5) Best interests are to have advice and/or contraception w/ w/out parental consent
What does Gillick competent mean
A person under 16 has the competence to make decisions about their healthcare without parental consent
What legislation applies to people who lack capacity + summarise what is says
Mental Capacity Act 2005
1) Assume capacity until proven otherwise
2) Who can make decisions on patients behalf
3) How said decision should be made
What bit of legislation do childrens’ (under 16) basic rights come under + what does it say
The Children Act 1989
A child’s welfare is of the utmost important and their views should be respected in appropriate circumstance
What legislation does confidentiality for adults (over 18) come under and summarise what it says
QMC confidentiality guidelines last updated 2017
Only in rare circumstances can confidentiality be broken
When can confidentiality be breached
1) If patient gives permission
2) It is for benefit of the patient who lacks the capacity to make that decision
3) It is required by law
4) It is for public interest
What legislation defines informed consent + what is that definition
Mental Health Act 1983
Consent must be:
1) Given before any examination or treatment of a competent adult
2)Given voluntarily
3)Given with sufficient information
4)A continuous process with opportunities to re-evaluate at any time
5)Freely able to withdraw at any time
How does a patient demonstrate they have capacity (Gillick competent)
1) Understands what the treatment is and why it is being preformed
2) Understands risks, benefits and alternatives
3) Understands the consequences of not receiving treatment
4) Retain and weigh up information
5) Communicate decision
What legislation do terminations come under + what does it say
Abortion Act 1967
A woman can have an termination if she fulfils one of these criteria
a) <24 weeks and continuing=increased risk of mental or physical harm to woman and existing children than not continuing
b)Necessary to prevent grave injury to woman
c)Continuing pregnancy involves greater risk to woman’s mental or physical health than termination
d)Risk that child would be born with serious mental or physical handicaps
What is the form that needs to be filled in for a termination and how many doctors need to sign it
HSA1 form
2 doctors
What is the relative legal status of the mother and foetus
Mother’s life takes precedent over fetus
Fetus is not recognised as person
Fetus however still has certain rights that are blurred
What legislation does child protection come under + what does it state
Children and Young Persons Act 1933
A lot of childrens’ rights most importantly what constitutes abuse/neglect
What legislation does data protection come under + what does it state
The Data Protection Act 1998
8 principles of data protection
1) Data is processed lawfully
2) Data is obtained for purpose and used accordingly
3) Data should be adequate, not excessive
4) Data is accurate and kept up-to-date
5) Data is processed in accordance with it’s purpose and not kept for longer than necessary
6) Data is processed according to Data Protection Act 1998
7) Data should be kept with appropriate methods to avoid loss of damage
8) Data should not be transferred out of Europe Economic Area, unless there are special circumstances
