Ethics/Legal Flashcards
ethics is…
branch of philosophy about beliefs and values, right and wrong
concerned with principles of action, choice, responsibility
our morals are shaped by? but should be guided by?
shaped by evolutionary history, social norms, cultural and religious values, our experiences
should be guided by reason and giving equal interest to involved parties
what are the 4 principles
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
what is autonomy in ethics and what does it mean for doctor and pt
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
beneficience and non maleficience as a doctor
moral duty to do net good and avoid harm
about best interests, benefits vs risk
justice in ethics as a doctor
justice in terms of fairness
fair distribution of resources
respect for rights- treat interests equally
repect for law
the law is
what is legally permissible at this point in time
is subject to change. legal doesnt mean ethical and vice versa
what are the thre systems of law in the UK
England and Wales
Scotland
NI
sources of law
acts of parliament
case law- higher court ruling overrules lower (supreme court highest), case law sets precedent
others ie treaties and conventions
2 types of law
civil law- common law, claimant vs defendant to compensation
criminal law- the crown vs defendant to sentencing
capacity for consent with teenagers
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
what if child lacks capacity to consent
consent from 1 parent usually enough
what if child has capacity to consent but parent disagrees with their choice
parent cannot override competent child
if don’t have consent of child/ parent but emergency
can give emergency treatment to save life/ prevent rapid deterioration without consent
when should you break confidentiality children YPs
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
giving contraceptive/ STI advice abortion without parental consent?
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
parental responsibility=
the rights and responsibilities that parents have in law for their child
who automatically has parental responsibility
mothers and married fathers
does the unmarried father have parental responsibility
not automatically, but yes, if on birth certificate, othw can acquire with a parental responsibility agreement (same for step parents and civil partners)
what happens with parental responsibility in divorce
father does not lose responsibility after divorce
who has parental responsibility if child in LA care
parents share with LA
what is shared decision making
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
why is shared decision making good
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
if going to disclose without consent, should:
encourage pt, due process, inform will disclose without consent (unless risks harm), document why
when to disclose (without consent)
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
pt is lacking capacity to consent to disclosure, what do you do
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
