Law/Ethics Flashcards
Mature minor
Understands the risks and benefitsUnderstands the consequences and consequences of failure to treatTake into account age, ability, experience, education, maturity and judgementParents cannot then override this consentMinors cannot refuse essential treatment
Person responsible
Makes decisions about an adult in regards to the personal circumstances but not financial or legal affairsCan be a nearest relative, primary carer, spouse/partner, person appointed in writing by the patient when they were able to consent
End of life refusal of medical treatment on the behalf of an incompetent patient
2 separate doctorsCan get opinion from family but final decision is by doctors
Autonomy
Everyone has the right to make decisions about their own health as long as they are competent, etc.
Justice
Fair and equal distribution of resources
When you can go against confidentiality
Patient has consentedInformation is de-identifiedInformation is being shared between treating health care professionalsMandatory reporting - reportable deaths to the coroner, infectious diseases, notifiable professional conduct
Negligence
There was a duty of care owed to the patientThere was breach of this duty of careThis breach caused injury to the patientAs a result of negligence, physical or mental damage was suffered
Battery
Intentional contact with another person’s body without consentDo not need to establish that harm was intended
Consent
Must have capacityMust be adequately informedMust consent voluntarily
Incompetence
MinorMental illnessIntellectual disabilityUnconscious
Involuntary treatmentCriteria
Mentally illRequires immediate treatment that can be obtained via an ITOInvoluntary treatment is required to protect the person’s health or safety or for public safetyThe person has refused or is unable to consent to treatmentTreatment cannot be received in a less restrictive manner
Special procedures
Cannot be consented for by a guardian, agent or authorised psychiatrist Includes permanent infertility, termination of pregnancy or removal of tissue for purposes of transplantation to another person
Confidentiality in psych
Doctors are able to disclose patient information to guardians, family members or primary carers of an involuntary patient, even when the patient does not consent if the information is required for the provision of ongoing care and the person who receives the information will be involved in providing that ongoing care
Reportable death
Results from accident or injuryOccurs during a medical procedure or related to a medical procedure and wasn’t reasonably expectedPerson in custody of Department of Justice or PolicePerson immediately before the death was an involuntary patient or on a CTOIdentity is unknown
Minors and tissues
Prohibited to remove non-regenerative tissue from a minor for transplantation purposesCan transplant regenerative tissue to the child’s siblings or parent - child must understand and agree unless the sibling would otherwise likely die