Med Law Flashcards
What do you consider when making PRActical decisions?
moral Perception
moral Reasoning
moral Action
What’s moral Perception?
ethical?
what are the principles of moral Reasoning?
Beneficence
Non-Maleficence = no harm
Autonomy = Competent patient in control -know what’s best for them–> fulfilling life
Justice = No discrimination/waste resources
what’s moral Action?
implementing ethical practice independently
Features of HCP?
Licensed by the state Belongs to organisation (NHS) Helps needy Exercises autonomy over work XO Has special knowledge
Duties of HCP?
-Duty – What’s expected of you Moral → You Professional → GMC Legal → Law -Utility – Skills -Rights – Respect autonomy -Virtue – Want best outcome
Types of laws?
common, quasi, statute
What’s common law?
developed by judges + courts, decide each case, but have a precedential effect on future cases
What’s quasi law?
rules set by GMC- regulatory body
What’s statute law?
decided by government via legal frameworks eg MHA 2005
Define consent
voluntary, un-coerced decision made by competent or autonomous person on basis of adequate info + deliberation, to accept rather than reject some proposed course of action (Gillon 1986)
Types of consent?
Imputed: assumed
Implied: actions suggest
Expressed: written + oral
what are the parts of valid consent?
- Informed about procedure
- Competent: patient understands, use/weigh up, retain info, communicate decison
- Not forced- voluntary
define competence
patient understands, use/weigh up, retain info, communicate decision
define gillick competence
child under 16 able to consent to treatment w/o parents permission/knowledge?
how is gillick competence accessed?
Each case diff
- willingness
- understanding of the nature +purpose
- understanding risks + side effects
- understanding of alternatives + risks
- freedom from undue pressure.
define child
below 18
what if child refuses treatment?
Parents can overrule the child’s refusal
what’s parental consent limited by?
best interest so may not be able to consent to
certain treatments OR refuse life saving treatment w/o court approval
who has parental responsibility?
Birth Mother Biological father if married to mother when conceived Step parents Local Authority (if care order made) Adoption agency Legal guardian
if biological father unmarried to mother when conceived?
father has to get written agreement from mother + court order to be registered as father on birth certificate + legal parental guardian after mothers death
what if parent refuses certain treatment?
can be overruled by the courts if in the best interests
what if only 1 parent gives consent?
HCP can accept conse nt + perform treatment
what if parent’s disagree on best interests?
courts can make decision
what if emergency + waiting for parental consent?
treatment can proceed w/o consent
Types of disabilities?
Impairment (Biological)
Disability (Psychological)
Handicap (Social)
define impairment
Physiological/anatomical dysfunction
define disability
Can’t do certain things other people can do due to impairment
define handicap
Given by society to disabled person that stops them from doing things they’re capable of
Prescribing drugs for non-patients:
Prescribing Controlled Drugs for someone w/o professional relationship is professional misconduct - GMC
Unwise to prescribe for themselves, friends,family - Shipman Inquiry
GMC, RCGP, BMA regard self-prescribing as poor practice
what do you do if self prescribing or family?
make a clear record tell GP(treating doctors) what medicines prescribed
when’s parental consent not needed?
Emergencies
Abandonment
Abuse
types of mental illness?
psychosis
neurosis
define psychosis
Can’t distinguish between reality+fantasy
Impaired insight = don’t know they’re delusional
define neurosis
No distortion of reality but still distressed
Insight unaffected
how mental illnesses classed?
organic
functional
define organic mental disorder
physiological explanation, affecting the brain
define functional mental disorder
no physiological explanation-psychiatric illness
define felt stigma
feel people discriminate against you due to your illness
define enacted stigma
actually discriminated against due to your illness
define intelligence + intelligence quotient
Ability to understand, use, apply info
Higher IQ = better intelligence
average = 100
how’s intelligence determined?
Childhood nutrition
Environmental toxins (lead)
Drugs in utero (alcohol)
Intellectually stimulating environment in childhood
Neurological injury/disease
Genetic disorders affecting brain development.
male vs female intelligence?
Men -visuo-spatial (extreme ends)
Females -arithmetic + verbal reasoning (consistent)
define classic conditioning
neutral stimulus –> conditioned response to unconditioned stimulus
define operant conditioning
learning from punishment/reward
how memorizing happens?
Memorising = sensory information stored sensory store – short term memory –>stored in long term memory