Exam Flashcards
Theories of ethics
Utilitarianism
- An action is right only when it promotes the best consequences
- Goal based approach
- The goal is to approach the greatest good for the greatest number
Theories of ethics
Deontology 道義論
- If an action is morally right, it must be right in all circustances
Autonomy
Free to determine their own choice- to respect person based on his value
Ethical aspects
Benefience
Autonomy
Non-maleficence
Justice
What is law
A set of power ruling most aspects of life in a community
A power to binding people in a country
An impose on people by appropriate legal sanction
Tye of laws
Public law
Criminal law
Private law
Public law
Concerns about eh conduct of government, and the relationship between government and community
E.g. criminal law: punish the wrongdoers
Administrative law: punish the abuse of government power
Constitutional law: to control the powers of legislative and executive bodies, judiciary and chief executive
Private law 民法
Is to win a judgement in form of money called damage by ordering them to pay to compensate others
Criminal law
The main object is procescution to ounish the convicted offenders in fine, imprisonment or others
Basic law
All law are based on basic law, no law legislated in HKSAR can contradict basic law
- basic law 五十年不變
- The case law (judge-made law)
- Legislation law (護士註冊
- National law of PRC 國歌國旗國慶
- Customary law 習慣法
Legal profession: solicitor / barrister
Solicitor:
Working for private practice
Advising client in all aspect o flaw
E.g. drafting wills
Drafting contracts
Advise on divorce matters
Barristor
:work as sole proprietor
Only accept instruction by firm solicitor
Drafting document for litigation
Drafting fro advocacy argument in court
Appeal system
The court of final appeal
The court of appeal — land tribunal
The court of first instance of High Court— the small claims tribunal, the coroner tribunal, the labour tribunal
The district court
The magistrates court
Classification of Tort
1. Trespass to person
2. Defamation
- Trespass to person
A. Assault
The act of putting another person in a reasonable fear or apprehension of immediate physical violence on him
B. Battery
Even the amount of power is trivial
Force apply to others without permission without lawful justificatin
C. False imprisonment
Restrict the freedom of movement
Defense for the act
1. Self defense
2. With consent
3. Statutory authority
Defamation
Tend to lower the plaintiff in the estimation of of right thinking members of society generally
Defense:
1. Justification (true staement)
2. Absolute privilege
3. Fair comment of public affairs
Tort, related to medical
Treatment given to a patience without their consent constitute assault and battery
Above 18 & with sound mind then is able to give consent
Medical professionals can act in the best interest of the patient.
- Must be the best interest
- Necessary to act obtaining patient’s consent is impossible
What is Gillick test
Gillick test is the test for <16yo to provide that the children reach sufficient understanding and intelligence to be able to make up his own mind
How if the child failed gillick
Parent consent is then needed, but the right of parents to consent to the treatment must be providing the best interest to the children
What situation consent from neither children nor parents is needed?
In emergency situation, under principle of necessity, treatment ca be given without consent
Court or parents had the power to consent the treatment despite minor refusing the treatment
Competent can refuse treatment according to the ethic principle of Autonomy
Advance directive ?
A written statement of a person’s wishes regarding medical treatment made
1. To ensure those wishes are carried out
2 important patient record
Incident report
Medical record
What are the importance if protecting patient privacy?
Ensure privacy would allow more effective communication and trust between healthcare professionals and patients
Confidential
If personal medical information is given by a patient to a doctor, a duty of confidence arise in favour of patient. The doctor mist keep the patient’s information secret.
Exceptions to the duty of confidence.
1. Consent to the disclosure by the patient
2. Report causes of death
3. Informing authority of the for spread of infectious disease
What law protect Patient privacy
Bill of rights ordinance cap.383
Personal Data (privacy) ordinance cap 486
Patient can request for hand written copy
Tort of negligence
Neighbour principle: We have our duty to care our neighbour
- The defendant owed duty of care
- Breached duty of care
3 breach of duty caused damage to the claiment
Breach: not meeting the standard of reasonable man
Standard of care
1. Expert witness
2. Professional standard of practice
3. Employer policy and procedure directive
Judging breach of duty
:but for test exmaine if the defendant’s action a material cause the plaintiff harm
Contributory negligence- 共同過失
Both plaintiff and defendant share responsibility for the damage
Vicarious negligence- 替代損失
Employer is liable to employee’s tort
1. Plaintiff had to show the tort is committed by employee
2. The plaintiff had to show in the course of employment
4 main functions of nursing council
- Be responsible for the registration or enrolment of any person or who desire of registration and enrolment.
- To recognise courses of nursing training for the purpose of registration and enrolment
- To determined standard of licensing examinations for all branches of nursing
To exercise the regulatory and disciplinary power for the profession.
5 situation nurses subject to disciplinary proceed from NRO
- Been convicted of any punishment of imprisonment
- Guilty of unprofessional conduct
- Obtain registration / enrolment by fraud
- Not qualified as r / e when being r / e
- Violated any prohibition imposed under section 25(1)
Nurse dissatisfied with decision
-appeal to the court if appeal within 30 days.
Bill of Right ordinance Cap. 383
2 examples.
Art.2 everyone’s life should be protected by law
Art.9 everyone shall have the right to freedom of thought and religion.
Art.14 privacy…
Definition of organ transplant
Source of transplantation
The aims of Human Organ Transplant Ordinance
What is allowed in HOTO, whats not allowed
Removing an organ from the donor and inplant it into another person.
From live donor and dead bodies
- To avoid organ trading
- To restrict the transplanting between person not genetically related
Allowed:
1. Organ transplant is allowed if donor and donee is genetically related
2. 3 years if marriage for organ transplantation
3. >18yo
Not allowed:
1. A person make payment of the organ
2. A person receive payment for offering his organ
Medical (therapy, education and research) ordinance 278
S2 A person can make a request his dead body be used for therapeutic, medical or educational purpose through a specific procedure.—> specific request written or orally before 2 witness.
S3
Remove parts of body without request
—> written consent, no objection from surviving spouse or childrens.
2 types of euthanasia
Active euthanasia
Passive euthanasia
R v cox 1992
R v adam 1957
Re C (a minor)
R v cox
KCL injection to patient as she request to end her life
Guilty to murder
R v adam
Morphine injection to relieve pain of patient, died, not guilty to murder as morphine is aimed to relieve pain.
Re c (a minor)
Premature birthed, often need ventilation
—> non treatment is allowed as further treatments do not carry out the best interest.
Human Organ Transplant Ordinance
S4
Offering money for organ transplant is not allowed
Receiving money for organ donation is not allowed.
S5
Organ donation can proceed when donor and donee are genetically related, or married for not less than 3 years, all have to be above 18
Prevent of Bribery ordianance
Healthcare workers must maintain a high level of integrity
S4: it is an offense when public servant receive advantage on his official duties. 政府工做份內工作唔准收利益
S9: it is an offense when an agent receive advantage by conducting his principal affairs or business without the permission of the principal. 私人員工做份內工作不能私自收取利益
Occupational Safety and Health ordinance
Provide safety and health protection to employees, both industrial and non-industrial
