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Block 1 Week 4 > Introduction to Medical Law > Flashcards

Introduction to Medical Law Flashcards

1
Q

What is the standard of proof in criminal law?

A

Beyond reasonable doubt

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2
Q

What is the standard of proof in civil law?

A

Balance of probabilities

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3
Q

Are medical negligence cases criminal or civil actions?

A

Civil

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4
Q

What are the 3 elements of any negligence action?

A
  1. Duty of Care
  2. Breach of the duty
  3. Breach causes injury or loss (causation)
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5
Q

What is precedence in law?

A

Use of principles that are binding for all cases.

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6
Q

What did the case of Re C concern?

A

Established principles by which capacity should be determined.

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7
Q

What did the case of Gillick v West Norfolk and Wisbech Area Health Authority concern?

A

Consent (and therefore confidentiality) for minors with capacity.

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8
Q

What did the case of Re W, Re R, and Re E concern?

A

Refusal of consent by a minor not given same standing as consent by minor in similar circumstances - parental consent can over-ride refusal by ‘Gillick competent’ minor.

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9
Q

What did the case of Re B concern?

A

A patient with capacity can refuse a treatment even when this will inevitably lead to his/her death.

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10
Q

What did the case of W v Egdell concern?

A

Disclosure of confidential medical information in the public interest.

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11
Q

What is Article 2 of the HRA 1998?

A

The right to life.

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12
Q

What is Article 3 of the HRA 1998?

A

Freedom from torture and degrading or inhuman treatment.

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13
Q

What is Article 8 of the HRA 1998?

A

Respect for your private and family life.

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14
Q

What is Article 9 of the HRA 1998?

A

Freedom of thought, belief and religion.

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15
Q

List 7 things that the Equality Act 2010 encompasses.

A
  1. Age
  2. Disability
  3. Marriage and civil partnership
  4. Pregnancy and maternity
  5. Race
  6. Religion
  7. Sexual orientation
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16
Q

Which Act did the GMC establish and what was this created to do?

A

The Medical Act 1983 - to ‘protect patients and improve medical education and practice across the UK’.

Block 1 Week 4 (5 decks)

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