Limits of personal, professional and legal responsibilities

Question 1

Good Samaritan Acts: what duties do doctors have?

Answer 1

Doctors have a professional duty to assist but not a legal obligation.

Question 2

What are the ethical arguments for anyone assisting in a good samaritan situation?

Answer 2

Consequentialist:

• Benefit: may save/prolong life or prevent harm/suffering

Deontological:

• Duty to assist as a fellow citizen.
• Would want others to help if it were you

Virtue ethics:

• What would a virtuous person do?- Compassion, kindness

Question 3

What are the ethical arguments for doctors helping in an emergency situation outside of the professional setting?

Answer 3

Consequentialist:

• Doctors should help as they have knowledge and expertise, therefore a greater ability to help.

Deontological:

• Professional duty of care

Virtue ethics:

• Virtues expected of doctors: compassion, kindness, desire to help

Question 4

What are the legal obligations for doctors in an emergency outside of the professional setting?

Answer 4

No legal obligation to help

Question 5

Under what circumstances are doctors legally obliged to provide care?

Answer 5

• Doctors must have an established duty of care: i.e. if an emergency happens in the professional setting.
• If they have declared themself as a doctor and offered help in this capacity, this establishes a legal duty of care.

Question 6

What is the Social Action, Responsibility and Heroism Act (2015)?

Answer 6

Applies when court is determining the steps a person was required to take to meet a standard of care.

They must consider:

• Was the person acting for the benefit of society?
• Did te person demonstrate a ‘predominantly responsible’ approach?
• Was the person acting heroically?

Question 7

What does the GMC state regarding doctor’s helping in emergency settings outside of the professional setting?

Answer 7

‘You must offer help if emergencies arise in clinical settings or in the community, taking into account your own safety, competence and the availability of other options for care’

Question 8

What does the GMC state medical students’ responsibility in emergency settings?

Answer 8

No professional obligation

‘Medical students must act within competence, can assist if they have the belief they can improve outcomes’

Question 9

What does the GMC state regarding treating family/friends/aquaintances?

Answer 9

‘Wherever possible, avoid providing medical care to yourself or anyone with whom you have a closer personal relationship’

‘Wherever possible, avoid prescribing treatments for yourself or anyone with whom you have a closer personal relationship’

Question 10

What arguments are there for and against treating family and friends?

Answer 10

For:

• Better understanding of the patient and context
• Already established relationship of trust between doctor and patient
• Reduced burden on NHS
• Better standard of care

Against:

• Emotional involvement may lead to lack of objectivity
• Can cause impaired relationship with patient’s own GP
• Confidentiality
• Assessment at home is not as good as in clinical setting- may lead to poorer standard of care
• Patient may feel unable to refuse treatment or seek alternatives