PAL Bullshit

Question 1

What is the Australian version of Gillick competency?

Answer 1

Marion’s case

Question 2

PAL on abortion

Answer 2

Key concept - viability. More concept if severe disability - mention quality of life.

Question 3

What are the key elements of consent?

Answer 3

Must be competent (Re C)
Must consent to the nature of the procedure (criminal law), except doctrine of necessity
Must be informed - material risks (roger’s and Whittaker)

Question 4

Constant ethics sources for PAL

Answer 4

Hippocratic Oath, Geneva Declaration.

Question 5

What are the key sources of guidance on medical Research?

Answer 5

Helsinki Declaration, Nuremberg Trials (Nuremberg Code), NHMRC research guidelines. US withdrew so they can use placebos - Helsinki says to test it against best available intervention.

Question 6

What is the key guidance on withdrawing care?

Answer 6

Futility - “No reasonable prospect of return to a meaningful quality of life”. Thus, for advanced care, get them to specify what they consider to be a meaningful quality of life. Bland’s case - Court makes objective decision about best interests of the patient.
If conflict - go to clinical ethics committee, then get a ruling from a supreme court judge (Messiah case).

Question 7

What are your whistleblowing requirements - Law, Ethics, Human Rights.

Answer 7

Law
Public Interest Disclosure Act (ACT)
AHPRA National Law Act - Authority for AHPRA to take immediate action. Mandatory reporting to protect public from harm.
Standard of Care/Misconduct (S. 18 Health Professionals Act ACT)
NO QUI TAM LAWS
Equity - Fiduciary duty.

Ethics:
Geneva Declaration
AMA Code of Ethics
AMC Good Practise Guidelines - admit it when something goes wrong.
Non-maleficence to patient.
NHMRC Guidelines on Research

Human Rights
Cruel and Unusual Treatment, Free consent. (UNDHR, ICCPR, ACT HR Act)