Law

Question 1

What is civil law?

Answer 1

Governs relationships between individuals in society

can be sued but not jailed

Question 2

What is battery?

Answer 2

Touching of a person without lawful justification or consent e.g. surgery without consent

Question 3

What is criminal law?

Answer 3

prevents outlawed behaviour e.g. murder, rape

wrong against the community

Question 4

What is a statute?

Answer 4

A source of law - passed by parliament

Question 5

What is the Bloam test?

What is the problem with it?

Answer 5

Voluntary mental health patient undergoing electro-compulsive therapy. not given a relaxant and suffered fractured hips. doctors ruled not negligent if they acted in accordance with practice, even if there is a contrary opinion
This became an easy way to get out of cases

Question 6

What is the Bolitho case?

Answer 6

2 year old boy had coup. no doctor attended second episode of breathing difficulty. spontaneously recovered. Later suffered respiratory failure, then cardiac arrest died. it was decided there was negligence, but cardiac arrest wouldn’t have been avoided. other doctors were asked their views. Bolitho test is if an expert can defend their actions logically.

Question 7

What is a judicial review?

Answer 7

judge reviews lawfulness of decision made by a public body to ensure correct procedures were done

Question 8

What is the Leslie Burke case? artificial nutrition

Answer 8

Neurodegnerative condition - didn’t want to withdraw artificial nutrition when became incompetent because worried he would feel pain and starve to death. it was overturned and allowed withdraw because he was not allowed to insist on treatment

Question 9

When can assisted suicide be permitted?

Answer 9

Suspect wholly motivated by compassion, minor encouragement, tried to dissuade, reported to police and fully assisted

Question 10

What is gillick competence?

Answer 10

child can consent to any treatment under age 16 if they have sufficient maturity to understand why and can come to a decision themselves

Question 11

What are the fraser guidelines?

Answer 11

Providing contraceptives to 16yr old girls
if they understand, can’t be persuaded to inform parents, likely to continue anyway, will suffer if its not given, in best interests

Question 12

At what age can a young persons decision be overruled but the court but not by their parents?

Answer 12

16

Question 13

At what age do you have right to consent but not to refuse?

Answer 13

16-17

because refusal carries greater risks

Question 14

At what age do you have the right to consent if you are competent?

Answer 14

<16

Question 15

Is a child owed confidentiality if they are not Gillick competent?

Answer 15

YES - unless it is not in their best interests

case by case basis

Question 16

What 3 factors are required before a patient can give consent?

Answer 16

No undue pressure
Appropriately informed
Has capacity

Question 17

What test is done to see if a patient has capacity?

Answer 17

Is there an impairment or disturbance in the functioning of the persons mind/brain? no = capacity.

if yes;
is this impairment sufficient that the person lacks the capacity to make that decision?
able to understand info relevant
able to retain info
able to use info to make a decision
able to communicate decision by ANY means

Question 18

When an adult lacks capacity, who makes their decision?

Answer 18

A DOCTOR (NOT relatives) - makes the decision in their best interest

Question 19

What is a QALY?

Answer 19

Quality adjusted life year - measures the quantity and quality of life generated by health care interventions
1 year of perfect health = 1 QALY

Question 20

What are cost-utility ratios?

Answer 20

When QALYs are combined with costs of medical intervention, it indicates if it is a high cost or low cost QALY which allows for resource allocation