Medical Law & Ethics in Emergency Medicine + Psychiatry Flashcards
Examples of instances where confidentiality may be breached include:
1.LEGAL OBLIGATION
Cases where there is a legal obligation e.g. informing the HPA of a notifiable disease
- LEGAL REQUEST
Legal cases where there is a request for information from a judge - RISK TO PUBLIC
Cases where there is risk to the public e.g. potential terrorism or serious criminal activity - RISK TO OTHERS
Cases where there is risk to others e.g. when a patient has expressed homicidal intent towards a specific - RELEVANT TO STATUTORY BODIES
Cases relevant to statutory regulatory bodies e.g. informing the DVLA of a patient that continues to drive despite a restriction
As per NHS improvement revised list of NEVER EVENTS published January 2018 - can you name those events relevant to the Emergency department?
- surgery:
wrong site surgery - Surgery:
retained foreign objects post procedure ( eg -swabs, needles, guidewires after Central access ) - Medication:
Mis- selection of a strong potassium solution - Medication:
Administration of medication by the wrong route - Medication:
overdose of insulin due to abreviations - Medication:
mis-selection of high strength midazolam for concious sedation - Medication:
Transfusion of ABO incompatable blood products - Medication:
Unintentional connection of a patient requiring oxygen to an airflow metre - Mental health:
Failure to install functional collapsable curtain rails - Mental health:
Chest/neck entrapment in bed rails - Mental Health:
Falls from poorly restricted windows - scalding of patients
- Surgery
Misplaced oro/naso gastric tubes
Memory aid:
Think :
1 scald, 1 tube, 2 surgical, 3 mental health and 6 medication related,
What are:
A. Body packers
B. Body stuffers
C. Body Pushers
D. Paraschuting
Body Packers = planned ingestion of well packaged large volumes of illicit drugs with the intent to smuggle across boarders or into prisons
Body stuffers = unplanned ingestion of poorly packaged drugs in small volumes in an attempt to avoid detection by police
Body Pushers = are stuffers that push it up the vagina, or rectum
Paraschuting = intentional ingestion of drugs wrapped in a covering that is intended to dissolve to release the drug for later absorption
Police have brought a patient to the ED suspected of body packing and have requested that you perform a PR exam and an AXR. how do you respond?
PR examination and AXR can only be conducted if you have both the patients consent in writing and it must be authorised from an inspector or similar ranking. also intimate examination should only be carried out by an forensic ME.
Your ED has exit block.
Give 2 measures you could take to try relieve some of the congestion in your department.
- Identifying patients waiting in cubicles who could sit out in seated areas e.g. well patients awaiting blood test or scan results.
- Identify patients waiting to be seen who could be referred direct to specialties from triage.
- Identify patients waiting to be seen who could be redirected to a Primary Care service.
- Board round with your nurse in charge. Identify patients who may be suitable for discharge or whom could be managed in a different area of your department.
- Discuss patient management plans with your junior staff. Ascertain if the patient they have just admitted be redirected to an ambulatory service
- Speak to bed management. Find out which patients have been allocated beds and when these beds are available.
- Escalate to your head of service and patient flow teams that the department is overcrowded and additional measures need to be implemented to generate capacity.
“Maintaining safety in a crowded emergency department – Guide for shift leaders” is an excellent guide for clinicians in charge of the department when it becomes crowded
What general safe-guarding measures could you introduce in your department to try and prevent SUI happening again?
- Patient
Liase with anticoagulation clinic. Ask them to make sure they give written councilling advice when initiating anticoagulants that if the patient suffers a head injury when taking this medication they should present to an Emergency Department
- Governance
Present case at local Morbidity and Mortality Meeting
Perform an Audit on performance in this area
- Departmental
Place alerts in department triggering an immediate assessment by doctor for these types of patients
Have an Emergency Department Proforma for patients presenting with head injury on anticoagulants
Develop a policy that initiates a CT request for anyone who presents to triage with a head injury on anticoagulants according to NICE guidance.This may a joint QIP with your local radiology department
- Teaching
Departmental teaching of junior staff
Introduce this into your induction pack
- Staff Communication
Send memo to clinical staff reminding about guidance on management of head injuries on anticoagulants
Include this case in your ED monthly newsletter
- Individual Doctor
Speak to doctor involved and provide appropriate support and training
When asking for consent to perform a procedure - what is material risk?
A material risk is any risk to which a reasonable person in the patient’s position would attach significance.
According to the RCEM guidance what are the indications for urgent surgical removal of suspected drug packages?
- bowel obstruction or ileus
2. cocaine or amphetamine toxicity
What 2 features particularly distinguish never events?
- it is a serious incidents that are:
2. Wholly preventable by barriers implemented by all healthcare providers
Which process is followed to investigate Never Events?
SIF ( Serious incident framework )
Under which circumstances are Deaths reported to a coroner?
- death was sudden and unexplained
- death was violent and unnatural
- cause of death is unknown
- person was not visited by medical practitioner during final illness
- death occurred during an operation or before the person came out of anaesthetic
After the coroner has performed a post-mortem under which circumstances would you hold an inquest?
( an inquest is a formal investigation conducted by the coroner to find out how someone died )
- if the cause of death is still unknown,
or if the person:
- possibly died a violent or unnatural death or
- died in prison or police custody
using the AUDIT-C screening tool - what 3 questions will you ask the screen for problem drinking?
- how often - do you have a drink containing alcohol?
- how many - units do you drink on a typical day when you are drinking?
- How often- have you had more ( 6units female, 8 units male ) on a single occasion in the passed year?
What are the physiological effects of a prolonged struggle that would compound the physiological effects of stimulant drugs and result in serious complications?
- hyperpyrexia
- dehydration
- acidosis
- hypoglycaemia
- exhaustion
A child involved in RTC is unconcious and requires emergency blood transfusion but the parents are practicing jehovas witness- what would you do?
in emergency situations you can administer a blood transfusion to a child jehovas witness under common law - best interest.
If an adult is unconcious in a trauma and requires emergency blood transfusion and next of kin advise that they would not permit a blood transfusion - you would ask the next of kin if there is a witnessd and signed advanced directive.
A jehovas witness patient requires an emergency blood transfusion but asks you if there are any other options? what would you advise?
intra-operative red cell salvage
A police officer has foned the ED requesting information about a patient in relation to a case. The nurse took the call but did not get his name or rank and he said he would fone back. What would you advise the nurse?
In general if the police do call requesting this type of information you should ask the following details:
i) Name and rank and ID number.
ii) Police contact details.
iii) You should then advise the officer you will call-back.
iv) You should then attempt to confirm the officer’s details via the police main switchboard.
Also Advise them to consider asking:
I) How serious is the crime under investigation?
II) How will the release of this data assist the detection of crime?
III) How will the police be hindered if this data is not provided?
IV) Who within the police has this request for information been discussed with?
V) Given the confidential nature of the information has an application for a Court Order been considered and if it has why has an application not been made?
In group 1 and group 2 vehicle drivers what are the DVLA restrictions in the following conditions:
- reflex vasovagal syncopy ( except cough syncopy )
- loss of conciousness in low risk patients
- loss of conciousness in high risk patient group
- loss of conciousness with seizure markers
- 1st unprovoked seizure
- cough syncopy
- cerebrovascular - TIA’s
- reflex vasovagal syncopy ( except cough syncopy )
group 1: no restriction
group 2: no restriction - loss of conciousness/syncopy in low risk patients
group 1: no restriction
group 2: 3 months - loss of conciousness in high risk patient group
group 1: 6 months
group 2: 1 year - loss of conciousness with seizure markers
group 1: 6 months
group 2: 5 years - 1st unprovoked seizure
group 1: 6 months
group 2: 5 years - cough syncopy
group 1: 6 months
group 2: 5 years - cerebrovascular - TIA’s
group 1: 1 months ( if multiple - 3 months )
group 2: 1 year
What are the 7 caldicott principles?
The Caldicott Principles are:
- Justify the purpose of using confidential information
- Only use it when absolutely necessary
- Use the minimum that is required
- Access should be on a strict need-to-know basis
- Everyone must understand his or her responsibilities
- Understand and comply with the law
- The duty to share information can be as important as the duty to protect patient confidentiality
Memory aid: Eating cake.
Justify eating the whole cake, do it only when it is absolutely necessary, try eat as little/minimum as possible, dont tell everyone - just a need to know basis. Understand your responsibility and comply with the rules.
What does a FOI apply to?
The Act only applies to information that already exists in a recorded form.
A member of the public can write to the Trust asking it to disclose information.
The request needs to be in writing (including fax or email)
The person doesn’t need to mention the Freedom of Information Act
The Trust must respond to the request within 20 working days
Under what legal obligation is it your duty to respect your patients’ confidentiality.
Under the Common Law Duty of Confidentiality.
A requirement to maintain confidentiality will be set out in your professional code of conduct.
As an employee of the NHS you will have confidentiality requirements included in your employment contract.
Misuse of Personal Confidential data is Gross Misconduct and will be treated with the upmost severity.
who has Parental Responsibility?
’# A mother automatically has Parental Responsibilty for her child from birth
#A father usually has Parental Responsibility if he's either:
- Married to the child’s mother
- Listed on the birth certificate (after a certain date,
depending on which part of the UK the child was born
in) - You can apply for Parental Responsibility if you dont
automatically have it.
#Regarding Birth’s registered in England and Wales:
- If the parents of a child are married when the child is born, or if they’ve jointly adopted a child, both have Parental Responsibility.
- They both keep Parental Responsibility if they later divorce
Regarding Unmarried parents:
An unmarried father can get parental responsibility for his child in 1 of 3 ways
- Jointly registering the birth of the child with the mother (from 1st December 2003)
- Getting a Parental Responsibility agreement with the mother
- Getting a Parental Responsibility order from a court.
A patient that takes an overdose and presented to the ED. then leaves the department before having a clinical assessment. When should the police be contacted to FORCIBLY bring the patient back to the ED?
All 5 the following criteria must be met:
- substantial risk to the patient ( if they are not brought back for treatment )
- the risk requires urgent action
- all other efforts to contact the patient have failed
- no other persons can fascilitate the return of the patient ( i.e. gp/nok)
- both senior nurse and doctor on duty agree it is necessary
What measures would you take to prevent a patient who is at risk of absconding - from doing this?
- place patient in a location that fascilitates observation
- prioritise patient for assessment
- allocate member of staff to observe patient and try to
engage - carry out a capacity assessment
- if a patient wishes to leave- establish what the reason/ concern is and try to address it
List the criteria set out by the Fraser guidelines that must be satisfied in order to give contraceptive advice to a teenage girl ( under age 16 ) demanding emergency contraception?
https: //www.nspcc.org.uk/preventing-abuse/child-protection-system/legal-definition-child-rights-law/gillick-competency-fraser-guidelines/
http: //www.cqc.org.uk/content/nigels-surgery-8-gillick-competency-and-fraser-guidelines
- that the girl ( although under the age of 16 ) will UNDERSTANDS the advice;
- that the doctor CANNOT PERSUADE her to tell her parents that she is seeking contraceptive advice;
- that she is LIKELY TO CONTINUE having sexual intercourse with or without contraceptive treatment;
- that her physical or mental HEALTH WILL SUFFER unless he/she received the advice or treatment;
- that the contraceptive advice or treatment is in the young person’s BEST INTEREST, even without parental consent
What medical advice would you give after prescribing the morning after pill to a patient that has had an UPSI?
- If she VOMITS within 2 hours, she will need a new tablet.
- There is a FAILURE RATE up to 5% if taken within 24 hours so needs to check pregnancy test.
- Look out for lower abdominal pains- small chance of ECTOPIC PREGNANCY RISK.
- GUM clinic for STI
- See GP for contraceptive advice
A 22 year old comes in with retained condom; you are considering a speculum examination. As per the GMC guidance list any 2 of the principles on performing intimate examination.
Reference: http://www.gmc-uk.org/static/documents/content
/Maintaining_boundaries_Intimate_examinations_and_chaperones.pdf
- Assess CAPACITY to consent if dealing with a child or young adult
- Gain informed CONSENT –Explain what the examination will involve in a way that patient can understand
- Explain why the procedure is necessary and give patient opportunity to ask questions.
- wherever possible offer the patient to have a CHAPERONE present
- Maintain patient dignity – privacy to dress and undress
Memory aid:
3 C’s - capacity, consent, chaperone,
What does the acronym METHANE stand for?
M-Major Incident declared
E- Exact location
T- Type of incident
H- hazards present or potential Hazards
A- Access to scene
N- Number and severity of causalities.
E- Emergency services Police fire and ambulance
Major incident is declared and a call out has been done. What would be one of the first immediate tasks? (1)
- Clear the Department of current patients.
- Minors-diverted or asked to leave.
- Urgent plans for immediate transfer of Majors and
resuscitation patients to Inpatient specialities.