Ethics & Law ✔ Flashcards
what is article 2 of the human rights act?
a. prohibition of torture
b. right to liberty
c. right to a private life
d. right to life
d. right to life
what are the 5 parts of article 2 (right to life) of human rights act?
The right is absolute with respect to intentional killing
Not all avoidable death counts as intentional killing
There is no absolute obligation to provided life saving treatment
Withdrawal of futile treatment will not breach article 2
The right does not extend to the fetus
what is article 3 of the human rights act?
a. prohibition of torture
b. right to liberty
c. right to a private life
d. right to life
a. prohibition of torture
what are the 4 parts of article 3 (prohibition of torture) of human rights act?
This right is absolute
Non-consensual treatment of an incompetent individual may contravene article 3 if it not therapeutic
Excessive restraint may contravene article 3
Failure to stop an individual’s suffering will only breach article 3 if the suffering is inhuman and due to the State’s actions
what is article 5 of the human rights act?
a. prohibition of torture
b. right to liberty
c. right to a private life
d. right to life
b. right to liberty
what are the caveats to article 5 (right to liberty) of human rights act?
This right is not absolute
Detention is lawful if necessary for a mental illness
Individuals must have access to an effective and speedy means of challenging detention (i.e. Appeal process under Mental Health Act, Deprivation of Liberty Safeguards)
what is article 8 of the human rights act?
a. prohibition of torture
b. right to liberty
c. right to a private life
d. right to life
c. right to a private life
what are the caveats to article 8 (right to private life) of human rights act?
This right is not absolute
Protects a patient’s right to confidentiality
Protects the right to refuse medical treatment even if life saving
Article 8 will not be contravened if a breach is in accordance with the law AND is necessary in a democratic society
what 5 aspects of ABCDE determine a patient’s death for verification?
No response to verbal or painful stimulus
No palpable carotid pulse
No heart sounds (2 minutes)
No breaths sounds (2 minutes)
Pupils fixed and dilated (non-responsive to light)
the ‘cause of death’ part of a death certificate follows the formula of Ia, Ib, Ic, and part II. What are each of these parts respectively?
1a is ultimate cause of death
1b causes 1a
1c causes 1b
Part II – other diseases related to cause of death but not related to 1a-c. (Do not include other diseases that did not contribute to the cause of death)
Try to avoid stating any ‘modes’ of death (e.g. asphyxia, cardiac arrest, coma) unless backed up by causes in 1b/1c.
what are the 2 types of autopsies and the distinguishing factor between them?
consented (‘hospital’) - MCCD issued - for teaching, audits, research
medicolegal (‘forensic’) - no MCCD issued - for police inquest
what deaths need to be referred to a coroner?
Death due to: Suicide Accident/trauma Industrial disease Medical/surgical treatment Abortion Anaesthetic care Lack of medical care murder Self-neglect
Death within 12 months of pregnancy; not seen by a Doctor within last two weeks/last illness; while in custody; while detained under MHA; or unknown cause.
