Medical Law

Question 1

What are the key componenets of criminal law?

Answer 1

Offences against individual but on behalf of the crown (society/ state)

Prosecution of defendant

Mens rea - guilty mind, individual awareness of the crime

Actus rea - physical act of the crime

Innocent until proven guilty

Standard of proof is beyond resonable doubt

Guilty/Not guilty followed by punishment.

Question 2

What are the key components of civil law?

Answer 2

Protects individual rights against others/ state

Claimant sue the defendant

Standard of proof = a balance of probabilities

Court finds the defendant liable or not

Damages or injuction

Question 3

What types of cases occur in civil law?

Answer 3

breach of contract / copyright

Employment

Personal injury

Family matters –> divorce, custody of children

Arrangement for adults without capacity

Question 4

What type of case is medical negligence?

Answer 4

Civil law

if disregard of life and safety of others is great enough it can result in prosecution (Criminal)

Question 5

What are the three components of neglicence action?

Answer 5

1) Duty of care –> what is the duty of care?
2) breach of duty –> what was the breach of duty?

Breach causes injury or loss (Causation)

was this breach the legal cause of harm?

Question 6

What three types of law exist in the UK

Answer 6

Statute law

Common law

European union

Question 7

Statute law: who decides on these law?

Answer 7

Parliament–> debated and passed by both houses, requires royal assent (sovereign allows a bill that has been passed by parliament, becomes an act of parliament.)

Question 8

Statute law: two examples?

Answer 8

Mental capacity act 2005

Human embryology and fertilisation act 1990

Question 9

What is the relationship between statue and common law?

Answer 9

Statue law can repeal or amend common law

Question 10

Common law: who makes the decisions?

Answer 10

Judges

Judegemnets take precedence from the supreme court –> appeal court –> high court etc.

Question 11

How does common law work in practise?

Answer 11

Application of statute and legal precedent to cases

Decision is then binding on other cases

Question 12

What is common law?

Answer 12

Laws distinct from statute that are derived from judicial decisions

follows the stare decisis principle where decisions are based on precedent.

Precedent = principle/ rule established in previous case that is binding or persuasive to case with similar facts.

Question 13

who creates EU law?

Answer 13

European court of justice

highest law court in europe

Question 14

Which organisation proposes new EU law / starts proceedings against non compliant states?

Answer 14

European commission

Question 15

What is the role of the european commission?

Answer 15

Propose new laws

start proceedings against non compliant member states

Question 16

What is the EU equivalent of the house of lords?

(The House of Lords is the second chamber of the UK Parliament. It is independent from, and complements the work of, the elected House of Commons. The Lords shares the task of making and shaping laws and checking and challenging the work of the government.)

Answer 16

Council of the european union

Question 17

In conflict between UK and EU law which takes priority?

Answer 17

EU law

Question 18

What is english law?

Answer 18

Common law system

Made by judges using precedence, and later statute and other legal instruments

Question 19

define precedence

Answer 19

used of principles that are binding for all other like cases

Question 20

What is the layout of UK courts?

Answer 20

In criminal law:

Begins with magistrates court –> goes to crown court –> high court –> Court of appeal (criminal division) – >supreme court

In civil law:

Begins with a tribunal -> ascends to county court –> ascends to high court (chancery division) –> court of appeal (civil division) –> supreme court

Question 21

Important landmark cases in medicine:

What did the Re C case lead to?

Answer 21

Principles to determine capacity

Question 22

What did the Gillick vs West norfolk case lead to?

Answer 22

Consent and confidentiality for minors with capacity

Question 23

What did the Re W, Re R and Re E cases lead to? (criminal law)

Answer 23

refusal of consent by a minor not given the same standing as consent by a minor in similar circumstances –> parental consent can override the refusal of a gillick competent minor

Question 24

What did the Re B case lead to?

Answer 24

Patient with capacity can refuse treatment even when it will lead to his/ her death

Question 25

What did the W v Egdell case lead to?

Answer 25

Disclosure of confidential medical information in the public interest

Question 26

What are the functions of statute law?

(statute = written law passed by legistlative body)

Answer 26

Overturn common law

consolidate body of common law

Modify/ change existing statutes

Clarify a legal position

Question 27

What can statute law reflect?

Answer 27

agenda of the government

responses to public opinion or scandal

EU law

Changing moral views

changing technology

Question 28

What is the EU based upon?

Answer 28

Rule of law

all actions based on treaties approved voluntarily and democratically by member states

Question 29

What are two types of EU law?

Answer 29

Primary legislation -> EU treaties which allow the EU to legislate in member states

Secondary legislation –> EU decisions, directive and regulations

Question 30

Give two examples of EU law in healthcare?

Answer 30

General data protection regulation (2018)

EU clinical trials directive 2002 -> uk clinical trial regulations based on this

Question 31

Why has there been an increase in legal actions/ statues towards medicine?

Answer 31

increased patient autonomy and empowerment –> insist on the rights and recognition of these

Uncertainty regarding how to determine best interests for those lacking capacity

Statue needs to consolidate common law to clarify legal position

Formal recognitino of human rights and equality claims –> human rights and equality act

Question 32

What does the human rights act 1998 list?

Answer 32

the fundamental freedoms and rights individuals are entitled to

Question 33

Human rights act: What does this act incorporate

What does it require

Answer 33

•The Act incorporates the European Convention on Human Rights (ECHR) meaning that if rights are breached, you defend your rights through the courts of England and Wales and eventually the European Court of Human Rights (ECtHR) if necessary

Requires all public bodies (inlcuding hospitals) to protect and respect human rights

Question 34

What are important articles in the human rights act?

Answer 34

Article 2 –> right to life

article 3 –> right to freedom from torture/ degrading or inhuman treatment

article 8 –> respect for family and private life

article 9 -> freedom of thought, belief or religion

Question 35

What does the equlaity act 2010 ensure

Answer 35

protection from discrimination harrassment or victimisation based on protected characteristics

Question 36

What are the protected characteristics in the equality act?

Answer 36

age

sex

gender

marital status

race

religion

pregnancy or maternity

sexual orientation etc

Question 37

Why might a dr have to account for not offering aid in first aid scenario?

Answer 37

Due to profession obligation to do so and due to training

there is no legal obligation, no good samaritan laws inUK

Question 38

What does GMC guidance encompass?

Answer 38

legal requirements and restrictions

ethical requirements

Question 39

Outline main differences between criminal law, civil law, statute law, and GMC guidance

Answer 39

Criminal law –> public wrongs and crimes, minimum standards of behaviour, impartial (innocent until proven guilty), can result in imprisonment/ community service fines etc.

Civil law –> private harms or wrongs, based on reasonable expectations and GMC guidance used to determine reasonableness of Drs. Impartial, can result in redress (remedying/ set right) and fines.

Statute law –> civil and criminal areas can criminalise or decriminalise. May refelct changing moral views, can be political and outcome depends on whether criminal sanctions apply.

GMC professional ethics –> outlines expectations for professional behaviour, likely to exceed both law and personal obligations. Role is to protect patients and protect reputation of profession. It favours patients but is impartial between patients. Outcomes can lead to drs being struck off/ sanctioned/ warned or restrictions on practice.