Intro to Medical Law Flashcards
Why do we have laws?
To punish wrongdoing
To protect life and property
To ensure fairness
To provide clear boundaries
What’s the difference between criminal and civil law?
Criminal law: offences against individuals (defendants) brought on behalf of the crown (state/society) - innocent until proven guilty
Civil law: claimant sues defendant, to protect rights of individuals
What type of law does medical negligence come under?
What are the 3 elements of medical negligence?
Civil, but can result in prosecution coming under criminal law
Duty of care, breach of the duty, breach causes injury/loss
What’s criminal (medical) negligence?
Gross negligence showing a disregard for the life and safety of others as to amount to a crime, deserving of punishment
What are some reasons for the increase in legal actions in how medicine is practiced?
Shift from paternalistic to shared decision making model = patients more empowered to recognise rights
More cases going to court of protection over best interest decisions/those lacking capacity
Formal recognition of human rights and equality claims - human rights act and equality act
What does the human rights act do?
Lists all fundamental freedoms and rights that individuals are entitled to
Requires all public bodies to protect rights
What does the equality act do?
Protects everyone from discrimination, harassment and victimisation based on protected characteristics
Which human rights acts are particularly important to medicine?
The right to life
Freedom from torture or degrading human treatment
Respect for private and family life
Freedom of thought, belief and religion
What are the protected characteristics under the equality act?
Age, disability, race, gender reassignment, marriage, civil partnership, pregnancy, maternity, religion, belief, sex, sexual orientation
What’s the relationship between law, ethics and GMC
What law requires us to do
What ethics obliges us to do
GMC requirements of doctors
Whats the basis of the good samaritan
There are no good samaritan laws in england
Drs have special skills so GMC say there may be a professional obligation to provide aid where necessary and would need to account for why you did not offer aid
What act was the GMC established under? what’s its purpose
Medical Act 1983 - to protect patients and improve medical education and practice across the UK
GMC publishes guidance of what’s professionally expected of Drs
