Medical Law

Question 1

Concept of Consequentialism:

Answer 1

Decides if something is right or wrong by looking at its consequences. If more good than bad comes from the action then it is ethically the right thing to do.

Question 2

Concept of Deontology:

Answer 2

It is right or wrong to infringe upon certain principles, regardless of however good the consequences may be.

Question 3

Four, key, ethical principles:

Answer 3

1) Autonomy
2) Non-malfeasance
3) Beneficence
4) Justice

Question 4

Principle of Autonomy:

Answer 4

Patients have the right to decide what treatment they receive. Right to decline treatment but not to demand treatment.

Doctors can never treat a patient without consent unless the patient is incopentent or in some cases to avoid serious harm to others.

St George’s Healthcare NHS Trust v S [1998]

Re B (Adult: Refusal of Treatment) [2002] EWHC 429

Question 5

St George’s Healthcare NHS Trust v S [1998]

Answer 5

• Caesarian carried out against the will of the patient under a court order. Held that there was unlawful detention under the Mental Health Act,
• Patient’s wishes could not be disregared by the court unless she was not of sound mind.

Question 6

Re B (Adult: Refusal of Treatment) [2002] EWHC 429

Answer 6

• Reitterated the rules in St George’s.
• Patient refused a ventalator. Doctors declined and kept the ventalator on claiming lack of capacity.
• Capacity was found to be present and the ventalator was allowed to be removed.

Question 7

Principle of Non-maleficence:

Answer 7

Must not cause harm to others.

Hippocratic oath - “I will use treatment to help the sick accoring to my ability and judgement, but I will never use it to injure or wrong them.”

Re Y [1997] 2 FCR 172