Ethics/Legal Flashcards

1
Q

ethics is…

A

branch of philosophy about beliefs and values, right and wrong
concerned with principles of action, choice, responsibility

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2
Q

our morals are shaped by? but should be guided by?

A

shaped by evolutionary history, social norms, cultural and religious values, our experiences

should be guided by reason and giving equal interest to involved parties

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3
Q

what are the 4 principles

A

the most widespread medical ethics framework in which encouraged to make decisions

autonomy
beneficience
non-maleficience
justice

all equal although maybe autonomy is the first equal

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4
Q

what is autonomy in ethics and what does it mean for doctor and pt

A

individuals free to make own care decisions, moves away from medical paternalism

means doctors must communicate info well, pt must not be deceived or coerced

pt: informed consent, capacity, confidentiality

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5
Q

beneficience and non maleficience as a doctor

A

moral duty to do net good and avoid harm

about best interests, benefits vs risk

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6
Q

justice in ethics as a doctor

A

justice in terms of fairness
fair distribution of resources
respect for rights- treat interests equally
repect for law

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7
Q

the law is

A

what is legally permissible at this point in time

is subject to change. legal doesnt mean ethical and vice versa

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8
Q

what are the thre systems of law in the UK

A

England and Wales
Scotland
NI

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9
Q

sources of law

A

acts of parliament
case law- higher court ruling overrules lower (supreme court highest), case law sets precedent
others ie treaties and conventions

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10
Q

2 types of law

A

civil law- common law, claimant vs defendant to compensation

criminal law- the crown vs defendant to sentencing

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11
Q

capacity for consent with teenagers

A

at 16 deemed have capacity to consent

under 16 may have capacity, depdning on maturity, ability to understands the nature, consequences, treatments, weigh and communicte

under 16 may have capacity for low risk but not high

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12
Q

what if child lacks capacity to consent

A

consent from 1 parent usually enough

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13
Q

what if child has capacity to consent but parent disagrees with their choice

A

parent cannot override competent child

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14
Q

if don’t have consent of child/ parent but emergency

A

can give emergency treatment to save life/ prevent rapid deterioration without consent

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15
Q

when should you break confidentiality children YPs

A

same as adult, also if:
overriding public interest in disclosure
is in best interests of YP/child who doesn’t have understanding to decide
when required by law

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16
Q

giving contraceptive/ STI advice abortion without parental consent?

A

yes to u16s if they fully understand, likely to have sex regardless, ph/mh likely to suffer if don’t, if in their best interests

17
Q

parental responsibility=

A

the rights and responsibilities that parents have in law for their child

18
Q

who automatically has parental responsibility

A

mothers and married fathers

19
Q

does the unmarried father have parental responsibility

A

not automatically, but yes, if on birth certificate, othw can acquire with a parental responsibility agreement (same for step parents and civil partners)

20
Q

what happens with parental responsibility in divorce

A

father does not lose responsibility after divorce

21
Q

who has parental responsibility if child in LA care

A

parents share with LA

22
Q

what is shared decision making

A

collaboration between clinician’s expertise and patients preferences

clinician supports pt to make their own choices that are right for them where clinically valid

especially where there is more than 1 reasonable course of action or trade offs in risks or benefits treatments

23
Q

why is shared decision making good

A

creates partnership, pts want to be involved
empowers pts so better health outcomes, more compliance
improves pt health literacy, improving their and NHS health`
respects autonomy
better adherence
better experience

24
Q

if going to disclose without consent, should:

A

encourage pt, due process, inform will disclose without consent (unless risks harm), document why

25
Q

when to disclose (without consent)

A

if benefit to public interest greater than keeping confidential
eg protect indiv/ society from serious harm
- serious communicable diseae
- serious crime
- potential harm to others if not

must share:
public health control of disease act eg cholera, plague
food poisoning
accidents at work
abortion register
births and deaths
misuse of drugs
26
Q

pt is lacking capacity to consent to disclosure, what do you do

A

mental capacity act assumes capacity unless proven otherwise

if temporarily- keep disclosures to minimum unless emergency

if permanent- discuss what to do with family idk