Medical Ethics Flashcards
when can an action for battery arise
An action for battery arises when there has
been no consent, express or implied, to
touching of a patient
what are the two types of consent
implied
expressed - oral or written
describe a clinician-centred view of consent
– legalistic approach to consent
– considers what the clinician should tell a patient
about the nature of a procedure and the risks
describe a patient-centred view of consent
– considers what is necessary to enable the patient to make an informed choice; ‘informed consent’.
what are the three components to make consent legally valid
- Voluntary: person acting under his/her own free will without coercion
- Informed: knows in broad terms what
consenting to i.e. has received enough
information to make the decision - Competent/Capacitous: able to give consent
when is someone regarded as lacking capacity
when they cannot:
- understand
- retain
- use or weigh up the information
- communicate their wishes
when can you disclose information about a patient case
• When the patient consents • When patients lack capacity and disclosure is
in their best interests • The disclosure is required by law or is
permitted/ has been approved under a
statutory process • The disclosure can be justified in the public
interest
what is clinical negligence
Patient (claimant) must prove:
- Duty of care
- Breach of that duty
- The breach caused the claimant loss/harm
what are the conditions for gross negligence manslaughter
a) the existence of a duty of care to the deceased;
b) a breach of that duty of care which;
c) causes (or significantly contributes) to the death of the victim; and
d) the breach should be characterised as gross negligence, and therefore a crime.
what are the 4 principles of medical ethics
• Respect for Autonomy ~ Greek auto nomos = self-rule
• Beneficence ~ Latin bene facare = to do good
• Non-maleficence ~ Latin maleficentia evildoing,
mischievousness, injury
• Justice ~ Latin iustitia “righteousness, equity, the rewarding
to everyone of that which is his due”
The study of medical ethics can be considered from a number of perspectives. Which is most closely dependent upon the moral character of the doctor?
a. Consequentialism
b. Kantianism
c. Principlism
d. Utilitarianism
e. Virtue ethics
e
There are many sources of ethical advice for doctors. Which body is the statutory source of ethical guidance?
a. Academy of Medical Royal Colleges
b. British Medical Association
c. General Medical Council
d. Institute of Medical Ethics
e. National Institute for Health and Care Excellence (NICE)
c
what is an absolute right
Absolute rights – rights which permit no compromise or infringement (e.g. Article 3–No one shall be subjected to torture or to inhuman or degrading treatment or punishment.)
what is a limited right
Limited rights – rights applied in clearly defined sets of circumstances (e.g. Article 5–Everyone has the right to liberty and security of person.)
what are qualified rights
Qualified rights – rights where a balance may need to be struck with the broader public interest or the rights of others (e.g. Article 8–Everyone has the right to respect for his private and family life, his home and his correspondence.)
