Family Law and Ethics Flashcards
(29 cards)
Where children are unable to make their own decision about medical treatment, doctors must normally seek consent from the parents. t/f?
True
In which circumstance may doctors unilaterally override the parent’s wishes without seeking authority from a court when the parents are considered not to be acting in the child’s best interest?
When the intervention is immediately necessary to save the child’s life
In Scotland, when there is a conflict of view between parents and doctors, the decision should be referred to the court under which act?
The Children Act 1995
What is the age of legal capacity in Scotland?
16 years
What is the age of legal capacity in England and Wales?
18 years (or 16 years if married)
What is the equivalent of the Gillick test in Scotland?
Section 2(4) of the legal capacity act of 1991
Section 2(4) on capacity in Scotland states that…?
A person under the age of 16 year shall have legal capacity to consent on his own behalf to any surgical, medical or dental procedure or treatment where, in the opinion of a qualified medical practitioner attending him, he is capable of understanding the nature and possible consequences of the procedure or treatment.’
For uncomplicated medical treatment, young children may have the capacity to consent to treatment. T/F?
True
Children do not have the automatic entitlement to refuse treatment. T/F?
True
In England and Wales the Gillick Competancy Test is used. What does this state?
Whether or not a child is capable of giving the necessary consent will depend on the child’s maturity and understanding and the nature of the consent required. the child must be capable of making a reasonable assessment of the advantages and disadvantages of the treatment proposed, so the consent, if given, can be properly and fairly described as true consent.
The Fraser guidelines indicate that contraceptive advice and treatment without the parent’s consent or knowledge is justified provided that…?
The girl understands the doctors advice
The doctor cannot persuade her to inform her parents or allow the doctor to inform the parents
she is very likely to begin or continue to have sexual intercourse even without contraception
unless she receives contraceptive advice or treatment her physical or mental health are likely to suffer
her best interests require the doctor to give her contraceptive advice or treatment without parental consent
Which act in Scotland defines parental responsibility?
The Children Act 1995
In England and Wales, which act defines parental responsibility?
The Children Act 1989
Have parental responsibility for a child enables a parent o make day to day decisions about such matters as medical treatment. T/F?
True
Mother’s automatically have parental responsibility. T/F?
True
How do natural fathers acquire parental responsibility?
By being married to the mother (or in Scotland by being named as the father on the birth certificate)
Parental responsibility of the father is lost after a divorce. t/f?
False
Step parents have automatic parental responsibility. t/f?
False - this requires a parental responsibility agreement, adoption or application to the court
Adoptive parents have parental responsibility. T/F?
True
Natural parents lose their parental responsibility after adoption. T/F?
True
In Scotland how can permanent foster carers star parental responsibility?
By application to the court
Parental repsonsibility cannot be handed over but someone else can act on behalf of the parent when given explicit spoken or written permission to do so. T/F?
True
Doctors can provide emergency treatment without consent provided that it is necessary in order to save the life or or prevent serious deterioration in the health of the child. T/F?
True
Under GMC guidance, what constitutes ‘seriously harmful sexual activity’?
Young person is too immature to understand or consent
Big difference in age or power between sexual partners
Young person’s sexual partner having a position of trust
