legal and ethical contexts

Question 1

statute law

Answer 1

made by parliament to reflect the needs of the people

debated before becoming law

Question 2

common law

Answer 2

principles that guide the interpretation of law based on judges decisions

Question 3

APS code of ethics principles

Answer 3

respect for the rights and dignity of people

property

integrity

Question 4

types of consent

Answer 4

implied
verbal
written

Question 5

implied consent

Answer 5

continuing the action means you consent to it

Question 6

verbal consent

Answer 6

saying you will do something means you consent to it

Question 7

written consent

Answer 7

signing and dating a consent form after being explained the terms and conditions

Question 8

minors capacity for consent

Answer 8

depending on the state, age of consent varies. eg it may be 14 in one state and 16 in another

Question 9

medical emergencies and consent

Answer 9

HPs are not required to obtain consent before preserving someone’s life

Question 10

challenges for HP’s

Answer 10

Balancing autonomy and minimising harm
Difficult clients (ones that refuse treatment or do not have the capacity to consent)
limits to autonomy (eg posing a threat to themselves or others)

Question 11

Legal and ethical frameworks

Answer 11

Informed consent
The 'harm principle'
right to autonomy
ethical decision making
ethical theories

Question 12

ethical theories

Answer 12

ethical egoism- people are entitled to make choices and decisions based on their own self interest

deontology- belief that there are moral absolutes and that morality is based on right/wrong

consequentialism- consequences of a decision justify actions required. morality is based on the final consequence, therefore whetheran action is right/wrong is irrelevant if the end justifies the means

Question 13

Power of attorney

Answer 13

General- ind. is unable to manage their affairs or sign docs cause they are in hosp/overseas

Enduring- ind is no longer able to look after themselves

medical- person appointed to take on roles on behalf of the person in a life/death situation

Enduring guardian- person is unable to make certain lifestyle decisions

Question 14

duty of care

Answer 14

HP’s need to ensure that the consumer does not come to any unnecessary harm as a result of negligence or omission
an individual health professional must take responsibility for ensuring that they are competent to meet the care needs of the people they help or care for.