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Sem 3 > laws and ethics > Flashcards

laws and ethics Flashcards

1
Q

What are the principles of children and consent/confidentiality? (4)

A
  • children can consent to treatment
  • children can have a refusal for treatment overriden (consider harm of treating against harm of treating)
  • same rights to confidentiality as adults
  • safeguarding always primary concern
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2
Q

What is the difference between O-18y and 16+y with consent?

A
  • 0-18y: covers parental responsibility

- over 16y: legally assumed capacity

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3
Q

What does the Gillick Competence/ Fraser guidelines mean?

A

-criteria established for whether a child under 16 years has capacity to provide consent to treatment
(if child passes the test, he/she considered Gallic competent to consent to medical treatment or intervention
(considered purpose, nature, likely effects and risks, chances of success and availability of other options)

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4
Q

What are the Fraser Guidelines?

A

advice can be given if:

  1. have sufficient maturity and intelligence to understand nature and implications of proposed treatment (capacity)
  2. can not be persuaded to tell their parents or to allow doctor to tell them
  3. they are likely to begin or continue having sexual intercourse with or without contraceptive treatment
  4. their physical or mental health is likely to suffer unless they receive the advice or treatment
  5. the advice or treatment is in the young person’s best interest
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5
Q

What do the Fraser guidelines relate to?

A
  • contraception and sexual health
  • treatment of sexually transmitted disease
  • termination of pregnancy
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6
Q

if a child does not have capacity to consent and the parents disagree about course of action, what do you do?

A

seek legal advice/court (but they will almost always side with the healthcare professionals)

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7
Q

At what age does the Mental Capacity Act apply?

A

16y+ (but applied in non legal way to under 16s)

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8
Q

What does not apply to 16-17 year olds in the Mental Health Act?

A
  • cannot make lasting power of attorney
  • cannot make advance decision to refuse treatment
  • court of protection cannot make a statutory will
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9
Q

Who is legally entitled to give consent to medical treatment of a child or young person?

A
  • a competent child or young person
  • a parent or other person or agency with parental responsibility where the decision is in the best interests of the child
  • a court
  • an appointed proxy
  • a person caring for a child, for example a grandparent or child minder, may do what is reasonable in the circumstances to safeguard or promote the child’s welfare
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10
Q

When are you allowed to share information related to sexual activity? (6)

A
  • too immature/young to consent
  • big age difference
  • partner in position of trust
  • force/threat of force/emotional or psychological pressure, bribery or payment
  • drugs or alcohol used to influence young person
  • partner known to police or child protection agencies
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11
Q

With a stroke case, what is the legal requirement regrading DVLA?

A
  • patients don’t have to tell DVLA that they have had a stroke if their symptoms have resolved within a month
  • they have to meet up with a medical professional if the symptoms have not resolved within a month, and sometimes the DVLA have to make an assessment
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12
Q

When can an advance decision to refuse treatment be considered?

A
  • over 18 and ave capacity to understand and communicate your decision
  • specify clearly which treatment you wish to refuse
  • explain the circumstances in which you wish to refuse the
  • it is signed by you and by a witness if you want to refuse life-sustaining treatment
  • you have made the advance decision on your on accord, without any harassment from anyone else
  • haven’t said or done anything that would contradict your ADRT since you made it
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13
Q

What is a advance decision to refuse treatment?

A

decision you can make now to refuse a specific types of treatment in some time in the future
(is legally binding)

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14
Q

What is the Lasting Power of Attorney for Health and Care decision?

A

choose someone else to make your decisions for you when you are not able to do so yourself. gives them the legal right to do so

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15
Q

Why comes under duty of care of GMC 2013?

A
  • care of patient is first concern
  • protect and promote health of patient and the public
  • treat patients as individuals and respect their dignity
  • respect patient’s rights to reach decision and their treatment and care
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16
Q

What are the different sections of the MHA?

A
  • section 5(2): allows consultant or their “nominated deputy” to detain an inpatient for 72h until further assessment
  • section 5(4): allows nurse to do this for 6h
  • section 2: allows 2 doctors (either both trained as prescribed in section 12 of the act or one section 12 approved psychiatrist and the patient’s GP) and an approved mental health professional to detain anyone in hospital for 28 days for assessment (including assessment response to treatment) if they believe they might have a mental illness of “sufficient nature and degree” and are at risk of harming themselves or others
  • section 3: allows the same professionals to detain someone in hospital for 6 months for treatment if they definitely have a specific mental illness that causes a risk to others and their ow health and safety, and there is an appropriate treatment available
  • community treatment order: allows someone discharged from section 3 to be readmitted if they don’t obey to specific conditions
17
Q

What are the the 4 steps of the capacity test of the mental capacity act?

A
  1. understand information related to the decision
  2. retain information related to the decision
  3. use or weigh that information as part of the process of making the decision
  4. communicate the decision (whether by talking, using sign language or any other means)
18
Q

What are the principles of the MCA?

A
  • assume capacity unless proven otherwise
  • cannot be treated as unable to make decision unless all practicable steps to help him do so have been taken without success
  • making an unwise decision isn’t the same as not being able to make a decision
  • an act/decision make under the Act for or on behalf of a person who lacks capacity must be made/done in his best interest
  • think whether what is need to be done can be done in a less restrictive way (to a person’s rights and freedom of action)
19
Q

What is the Mental Health Act?

A

legislation that covers assessment, treatment and rights of people with a mental disorder

Sem 3 (20 decks)

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