Medical Law Flashcards
Describe the 4 purpose law
- To establish and define standards of acceptable
- To maintain standards and punish’ ‘offences’
- To protect the vulnerable
- To achieve the resolution of disputes
Describe the 3 types of law
- Criminal law - seeks to punish for a defence
- Civil law - seeks to achieve a remedy
- Public law
What are the two sources of law
- Statue
- Common Law/Case Law
Give examples of statue law
- Abortion Act 1967
- Human Tissue Act 2004
- Human Fertilisation & Embryology Act 1990
- Human Rights Act 1998 - Mental Capacity Act (MCA) 2005
Describe common law/case law
Judge-made law based on a system of precedent
Judgements made by higher courts (i.e. Supreme Court & Court of Appeal) have to be followed by lower courts and in the future cases
List the regulations and professional guidance in medicine
- EU directive
- GMC -licensing of doctors
- Regulatory bodies
Define ‘breach of duty’
Failing to act in accordance with the standards of reasonably competent medical men acting in the relevant field at the relevant time
In terms of clinical negligence what are the 4 things the claimant (patient) must establish within the limitation period (3 years)?
- That they were owed a duty of care
- That the duty of care was ‘breached’
- That they have sustained an injury (loss)
- Injury was ‘caused’ by that breach of duty (causation)
What is required for a person to refuse life saving treatment?
- 18+ and mentally competent
- Must be in writing
- Be signed and witnessed
- Must be clear what treatment is being refused and under what circumstance
- State clearly that the decision applies, even if life is at risk
Desrcibe the legal duties of confidentiality
- Common law and statute
- Human Rights Act 1998 - artcile 8, GDPR and Data Protection Act 2008
Decsribe the professional duties of confidentiality
- E.g. the GMC
- Confidentiality is central to trust between doctors and patients
- Without assurances about confidentality, patients may be relcutant to seek medical attention or to give docotor the information they need to provide good care
- Appropriate information sharing is essential to the efficient provision of safe, effective care for the patient and wider community
- Duty of confidentiality is included within NHS employment contracts
- Manadatory training staff required to complete
a) Describe role of GDPR AND DPA 2018
b) Who is responsibe for holding these rights?
b) Who does it not apply to?
a) Regulates the processing and personal of personal data about living individuals
A health record is considered ‘personal data’
All personal data must be processed ‘fairly and lawfully’
b) Information Commissioner’s Office (ICO) responsible for upholding these rights
c) Deceased patients or where the information is adequately anonoymised
Describe technology problems causing confidentiality issues
- Misdirect emails where 2 people have similar names
- Email forwrding
- Information lost, left somewhere or stole e.g. unencyrpted memory sticks, ward/team hand over notes
Describe casual conversation problems cauing confidentiality issues
- Many improper disclosures are unintentional
- Patients in the public eye
Describe social medial probelms causing confidentiality issues
- GMC Doctor’ use of social media (2013)
- Facebook/twitter
- Peer group fourms
Describe the conequences of a breach in confidentiality
- Serious peristent failure to follow GMC guidance puts your registrayion at risk
- Criminal prosecution
- Dismissal
- Embarrassment and bad publicity for employer
- Financial penalty for your employer
Describe the 2-stage test of capacity (MCA 2005)
- Does the person have an impairment of their mind or brain, whether beacuse of an illness, or external factors e.g., alcohol or drugs use?
- Does the impairment mean the person is unable to make a speicifc decision when they need to?
Describe the features of a valid consent
Voluntary
- Patient must be free to agree/refuse treatment
- Conset should be obtained without coercion or duress
Informed
- The procedure/treatment must be explained in simple language
- Complictins/risks/side-efefcts should be discussed
- Any research on the condition should be discussed
Capacity
- Must understand the relevant information provided
- Be able to retain the information
- Be able to weigh up the pros and cons of the treatment proposed
- Be able to communicate their decisions
Provide situations where treatnent is given without consent
- Emergency situation to save life, patient incapacitated. May be unconscious
- Requires another medical procedure during an operation, waiting would be detrimental to patient
- Severe mental health and lack capacity to consent e.g., dementia, schizophrenia, bipolar disorders
- Severe mental health, attempted suicide, or self-harm whilst competent but refusing treatment
- Risk to public health e.g., TB, rabies, cholera
- Severely ill and living in unhygienic conditions - patient can be taken to a place a care without their consent
What must you do when a person regains capacity after a treatment when they had no capacity was given
- Explain what has been done so far
- Discuss the options for onging managment in line with standard guidance
Define confidentiality
The principle of keeping information given by or about an individual secure sand secret from others during a professional relationship
Describe ‘Gillick’ competent child
Rights of the child to have confidential advice and treatment more than any right of the parent
What are the consequences of no confidentiality when children are patients
- Children might not seek medical care
- Might not tell the necessary facts
a) What are young people ages 16-17 presumed competent entiled to?
b) What if they are not competent?
a) Entitled to the same duty of confidence as adults
Have same rights as adults over their personal data
b) Consent by someone with parental responsibilty if they are acting in the best intrests of the child (if not, the medical team can apply for a court order)

