Medicolegal issues

Question 1

Hospitalised inpatients who have their right to vote restricted

Answer 1

Patients detained under criminal sections
Patients transferred from prison

Question 2

Deaths occurring in state detention which need to be investigated

Answer 2

All

Question 3

Article 2 of the Equality and Human Rights Commission

Answer 3

Right to life

Question 4

Article 3 of the Equality and Human Rights Commission

Answer 4

Prohibition of torture

Question 5

Article 5 of the Equality and Human Rights Commission

Answer 5

Right to liberty

Question 6

Article 6 of the Equality and Human Rights Commission

Answer 6

Right to a fair hearing

Question 7

Article 8 of the Equality and Human Rights Commission

Answer 7

Right to a private/family life

Question 8

Article 9 of the Equality and Human Rights Commission

Answer 8

Right to freedom of thought and religion

Question 9

Article 10 of the Equality and Human Rights Commission

Answer 9

Freedom of expression

Question 10

Article 12 of the Equality and Human Rights Commission

Answer 10

Right to marry

Question 11

Article 14 of the Equality and Human Rights Commission

Answer 11

Right not to be discriminated against

Question 12

Steps that need to be taken before informing the DVLA of a patient’s condition

Answer 12

The patient must be first encouraged to inform the DVLA themselves
The patient must be informed of the decision to override their confidentiality and inform the DVLA

Question 13

Restrictions around group 1 driving licenses and psychosis of any cause

Answer 13

Driving must stop during the acute illness
Relicense can be considered where
1. The patient has remained well for 3 months
2. The patient is compliant with treatment
3. The patient is free from adverse medication effects that would impair driving
4. A favourable specialist report is given
5. The patient has regained insight in the case of mania or hypomania

Question 14

Length of time which a patient must remain well from psychosis for a group 2 license

Answer 14

3 years

Question 15

Age at which patients should be presumed to have capacity unless there is evidence to the contrary

Answer 15

16

Question 16

Decisions allowed by a Gillick competent child

Answer 16

Consent but not refusal

Question 17

USA court case focussed on the duty to warn third parties when a doctor knows information which may endanger the third party, even if it means breaking confidentiality

Answer 17

Tarasoff case

Question 18

Involuntary confinement of a patient within a physical space e.g. a room

Answer 18

Seclusion

Question 19

Use of a drug which is not part of standard treatment for a patient’s condition, which is used to restrict a patient’s behaviour or freedom of movement

Answer 19

Pharmacological restraint

Question 20

Family factors increasing the risk of child abuse

Answer 20

Single parent family
Spousal abuse
Unemployment
Financial stress

Question 21

Child factors increasing the risk of child abuse

Answer 21

Age 0-3
Children with disabilities

Question 22

Parent/caregiver factors increasing the risk of child abuse

Answer 22

History of abuse against the parent/caregiver
Substance abuse
Young age

Question 23

Capacity to produce a valid will

Answer 23

Testamentary capacity

Question 24

Length of time which a patient must remain well from severe anxiety or depression for a group 2 license

Answer 24

6 months

Question 25

Law around driving with a group 1 license with severe anxiety or depression

Answer 25

Patient must stop driving pending the outcome of a medical enquiry

Question 26

Law around driving with a group 1 license with dementia

Answer 26

Subject to annual review

Question 27

Law around driving with a group 2 license with dementia

Answer 27

License will be revoked

Question 28

Examples of statutory obligation to disclose information to a third party in the public interest

Answer 28

In relation to communicable diseases
Suspicion of child abuse
Unfitness to drive
By order of court