Revision Flashcards
An adult can refuse treatment when
a. They understand the treatment and risks of refusal
b. They are aware that refusal may result in injury or death
c. They are competent to consent
d. of the above
An adult can refuse treatment when
a. They understand the treatment and risks of refusal
b. They are aware that refusal may result in injury or death
c. They are competent to consent
d. of the above
Under the Mental Health and Wellbeing Act 2019, one of the criteria for compulsory treatment is:
a. The person has engaged in illegal conduct and needs protection
b. The person is under the influence of drugs and alcohol and requires immediate treatment for the safety of the person and/or others
c. Immediate treatment is required to prevent serious deterioration in mental and physical health or for the safety of the person and/or others
d. The person has made comments that are offensive to other’s religious and ethical views
Under the Mental Health and Wellbeing Act 2019, one of the criteria for compulsory treatment is:
a. The person has engaged in illegal conduct and needs protection
b. The person is under the influence of drugs and alcohol and requires immediate treatment for the safety of the person and/or others
c. Immediate treatment is required to prevent serious deterioration in mental and physical health or for the safety of the person and/or others
d. The person has made comments that are offensive to other’s religious and ethical views
THE FOLLOWING ELEMENTS ARE NECESSARY FOR A VALID CONSENT:
a. The patient must agree with the procedure and the consent form must be signed
b. The consent needs to be voluntary as long as the patient has been adequately informed and has legal capacity
c. The consent must be voluntary, specific to the procedure, the patient must be sufficiently informed and has legal capacity
d. The consent must be given by a competent patient where the procedure is in their best interests as determined by the physician
THE FOLLOWING ELEMENTS ARE NECESSARY FOR A VALID CONSENT:
a. The patient must agree with the procedure and the consent form must be signed
b. The consent needs to be voluntary as long as the patient has been adequately informed and has legal capacity
c. The consent must be voluntary, specific to the procedure, the patient must be sufficiently informed and has legal capacity
d. The consent must be given by a competent patient where the procedure is in their best interests as determined by the physician
A nurse stopped at a car accident and began to provide emergency care for the injured. Ethically these actions are best labelled as:
a. Triage
b. Non-maleficence
c. Respect for people
d. Beneficence
A nurse stopped at a car accident and began to provide emergency care for the injured. Ethically these actions are best labelled as:
a. Triage
b. Non-maleficence
c. Respect for people
d. Beneficence
The Australian High Court decision of Rogers v Whitaker defined a risk as being “material” when:
a. A reasonable person in the patient’s position, if warned of the risk, would be likely to attach significance to it and the medical practitioner is, or should reasonably be aware that the particular patient, if warned of the risk, would be likely to attach significance to it.
b. A reasonable person in the patient’s position, if warned of the risk, would be likely to attach significance to it.
c. The risk is not forseeable.
d. The medical practitioner is, or should reasonably be aware that the particular patient, if warned of the risk, would be likely to attach significance to it.
The Australian High Court decision of Rogers v Whitaker defined a risk as being “material” when:
a. A reasonable person in the patient’s position, if warned of the risk, would be likely to attach significance to it and the medical practitioner is, or should reasonably be aware that the particular patient, if warned of the risk, would be likely to attach significance to it.
b. A reasonable person in the patient’s position, if warned of the risk, would be likely to attach significance to it.
c. The risk is not forseeable.
d. The medical practitioner is, or should reasonably be aware that the particular patient, if warned of the risk, would be likely to attach significance to it.
The Guardianship List is located in the:
a. Magistrates Court.
b. County Court.
c. Supreme Court.
d. Victorian Civil and Administrative Tribunal.
The Guardianship List is located in the:
a. Magistrates Court.
b. County Court.
c. Supreme Court.
d. Victorian Civil and Administrative Tribunal.
A function of the coroner includes:
a. To investigate deaths in order to determine who was responsible
b. To arrange an autopsy for every death that occurs in hospital
c. To investigate deaths and provide recommendations to avoid future deaths in similar circumstances
d. To investigate deaths where the person died of natural causes
A function of the coroner includes:
a. To investigate deaths in order to determine who was responsible
b. To arrange an autopsy for every death that occurs in hospital
c. To investigate deaths and provide recommendations to avoid future deaths in similar circumstances
d. To investigate deaths where the person died of natural causes
Patient consent is required:
a. To other health professionals providing care to that patient
b. To another health professional not directly caring for the patient
c. In an emergency
d. When the patient’s family request information
Patient consent is required:
a. To other health professionals providing care to that patient
b. To another health professional not directly caring for the patient
c. In an emergency
d. When the patient’s family request information
Under the Medical Treatment Planning and Decisions Act 2016, a patient cannot:
a. Appoint a medical treatment maker
b. Refuse treatment as part of a research trial
c. Refuse medical treatment
d. Refuse palliative care
Under the Medical Treatment Planning and Decisions Act 2016, a patient cannot:
a. Appoint a medical treatment maker
b. Refuse treatment as part of a research trial
c. Refuse medical treatment
d. Refuse palliative care
In the event that State legislation conflicts with Commonwealth legislation
a. State legislation will prevail only in those jurisdictions to which it applied
b. The Supreme Court must resolve the matter
c. Commonwealth legislation will prevail
d. State legislation will prevail
In the event that State legislation conflicts with Commonwealth legislation
a. State legislation will prevail only in those jurisdictions to which it applied
b. The Supreme Court must resolve the matter
c. Commonwealth legislation will prevail
d. State legislation will prevail
The Australian Parliamentary system comprises:
a. A 2 tiered system, including a Federal & State Parliament.
b. Delegated legislation.
c. The Governor General, the Prime Minister & the Opposition.
d. A 3 tiered system including a Federal Parliament, a State Parliament & local government.
The Australian Parliamentary system comprises:
a. A 2 tiered system, including a Federal & State Parliament.
b. Delegated legislation.
c. The Governor General, the Prime Minister & the Opposition.
d. A 3 tiered system including a Federal Parliament, a State Parliament & local government.
The Coroner’s role is to:
a. Investigate every aspect of all fires which raise public and community issues.
b. Grant any interested party the right to appear.
c. Investigate every aspect of all deaths which raise public and community issues.
d. None of the above.
The Coroner’s role is to:
a. Investigate every aspect of all fires which raise public and community issues.
b. Grant any interested party the right to appear.
c. Investigate every aspect of all deaths which raise public and community issues.
d. None of the above.
Parties involved in civil court proceedings are referred to as
a. Plaintiff and defendant
b. Plaintiff and accused
c. Prosecutor and defendant
d. Plaintiff and prosecutor
Parties involved in civil court proceedings are referred to as
a. Plaintiff and defendant
b. Plaintiff and accused
c. Prosecutor and defendant
d. Plaintiff and prosecutor
Consent may be conveyed in the following ways:
a. By providing a minimal understanding of the procedure.
b. By the spouse.
c. Verbally.
d. By VCAT.
Consent may be conveyed in the following ways:
a. By providing a minimal understanding of the procedure.
b. By the spouse.
c. Verbally.
d. By VCAT.
An example of a breach of ‘duty’ in a negligence claim is
a. A nurse or midwife failing to report deterioration in a patient where injury did not occur as a result
b. A nurse or midwife failing to document vital signs accurately
c. A nurse or midwife breaching a patient’s privacy
d. A nurse or midwife failing to report deterioration in a patient where injury occurred as a result
An example of a breach of ‘duty’ in a negligence claim is
a. A nurse or midwife failing to report deterioration in a patient where injury did not occur as a result
b. A nurse or midwife failing to document vital signs accurately
c. A nurse or midwife breaching a patient’s privacy
d. A nurse or midwife failing to report deterioration in a patient where injury occurred as a result
According to the Health Records Act 2001 (Vic) patient records:
a. Contain health information, such as information or an opinion about the physical, mental or psychological health of a patient.
b. May not be the subject of a complaint by a patient who believes the information contained within the record is factually incorrect.
c. Should be made available to all of the patient’s family members.
d. Of patients treated in private hospitals may not be accessed.
According to the Health Records Act 2001 (Vic) patient records:
a. Contain health information, such as information or an opinion about the physical, mental or psychological health of a patient.
b. May not be the subject of a complaint by a patient who believes the information contained within the record is factually incorrect.
c. Should be made available to all of the patient’s family members.
d. Of patients treated in private hospitals may not be accessed.
The Health Services (Conciliation and Review) Act 1987:
a. Determines what will happen when a patient is incompetent.
b. Provides a means for reviewing and improving the quality of health services.
c. Establishes a mechanism for health professionals to make complaints.
d. Deals with the professional misconduct of health professionals.
The Health Services (Conciliation and Review) Act 1987:
a. Determines what will happen when a patient is incompetent.
b. Provides a means for reviewing and improving the quality of health services.
c. Establishes a mechanism for health professionals to make complaints.
d. Deals with the professional misconduct of health professionals.
When a health professional breaches patient confidentiality the following outcomes may occur:
a. Defamation, professional misconduct, breach of employment contract, negligence.
b. Defamation, breach of employment contract, assault, negligence.
c. Breach of employment contract, negligence, trespass, defamation.
d. Professional misconduct, negligence, assault, false imprisonment.
When a health professional breaches patient confidentiality the following outcomes may occur:
a. Defamation, professional misconduct, breach of employment contract, negligence.
b. Defamation, breach of employment contract, assault, negligence.
c. Breach of employment contract, negligence, trespass, defamation.
d. Professional misconduct, negligence, assault, false imprisonment.
To be considered ‘Gillick Competent’ minors may be able to give consent to treatment:
a. If they are capable of understanding the nature and consequences of the treatment.
b. If living with their grand parents.
c. If they have an understanding of the law.
d. If they are at least 14 years of age.
To be considered ‘Gillick Competent’ minors may be able to give consent to treatment:
a. If they are capable of understanding the nature and consequences of the treatment.
b. If living with their grand parents.
c. If they have an understanding of the law.
d. If they are at least 14 years of age.
The patient record may be used:
a. To chronicle the patient’s health history.
b. To facilitate and sufficiently document communication amongst all health professionals caring for the patient.
c. To assist a court in determining whether an adequate standard of care was reached by the health professional.
d. All of the above.
The patient record may be used:
a. To chronicle the patient’s health history.
b. To facilitate and sufficiently document communication amongst all health professionals caring for the patient.
c. To assist a court in determining whether an adequate standard of care was reached by the health professional.
d. All of the above.
Which of the following describes:
In tort law, the health care professional cannot use fragility of the harmed patient (plaintiff) as a defence
a. The double effect
b. The doctrine of precedent
c. Bolam’s Principal
d. Vicarious Liability
e. The ‘but for’ test
f. The doctrine of emergency
g. The thin skull or eggshell rule
g. The thin skull or eggshell rule
Which of the following describes:
Where an entity is held responsible for the actions or omissions of another person, such as an employee or union member
a. The double effect
b. The doctrine of precedent
c. Bolam’s Principal
d. Vicarious Liability
e. The ‘but for’ test
f. The doctrine of emergency
g. The thin skull or eggshell rule
d. Vicarious Liability
Which of the following describes:
Protects people who provide assistance in emergency against negligence
a. Medical Treatment Planning and Decisions Act (2016)
b. The Wrongs Act (1958)
c. Guardianship and Administration Act (1986)
d. NMBA Code of Ethics
e. NMBA Code of Conduct
f. The Human Tissue Act (1982)
g. The Mental Health Act (2014)
h. The Voluntary Assisted Dying Act (2017)
i. Good Samaritan Legislation
j. The Health Practitioner Regulation National Law (2009)
k. The Freedom of Information Act (1982)
l. The Privacy Act (1988)
m. The Health Records Act (2001)
i. Good Samaritan Legislation
Which of the following describes:
The actions of the health professional must be a necessary condition for the injury/loss
a. The double effect
b. The doctrine of precedent
c. Bolam’s Principal
d. Vicarious Liability
e. The ‘but for’ test
f. The doctrine of emergency
g. The thin skull or eggshell rule
e. The ‘but for’ test
Which of the following describes:
To ensure high quality education, training and continuous professional development of health care professionals
a. Medical Treatment Planning and Decisions Act (2016)
b. The Wrongs Act (1958)
c. Guardianship and Administration Act (1986)
d. NMBA Code of Ethics
e. NMBA Code of Conduct
f. The Human Tissue Act (1982)
g. The Mental Health Act (2014)
h. The Voluntary Assisted Dying Act (2017)
i. Good Samaritan Legislation
j. The Health Practitioner Regulation National Law (2009)
k. The Freedom of Information Act (1982)
l. The Privacy Act (1988)
m. The Health Records Act (2001)
j. The Health Practitioner Regulation National Law (2009)
Which of the following describes:
Clarifies the procedure for a person who has suffered damages through the course of their treatment by health care professionals and enables them to make a claim
a. Medical Treatment Planning and Decisions Act (2016)
b. The Wrongs Act (1958)
c. Guardianship and Administration Act (1986)
d. NMBA Code of Ethics
e. NMBA Code of Conduct
f. The Human Tissue Act (1982)
g. The Mental Health Act (2014)
h. The Voluntary Assisted Dying Act (2017)
i. Good Samaritan Legislation
j. The Health Practitioner Regulation National Law (2009)
k. The Freedom of Information Act (1982)
l. The Privacy Act (1988)
m. The Health Records Act (2001)
b. The Wrongs Act (1958)
Which of the following describes:
Sets out the professional behaviour expectations in practice settings
a. Medical Treatment Planning and Decisions Act (2016)
b. The Wrongs Act (1958)
c. Guardianship and Administration Act (1986)
d. NMBA Code of Ethics
e. NMBA Code of Conduct
f. The Human Tissue Act (1982)
g. The Mental Health Act (2014)
h. The Voluntary Assisted Dying Act (2017)
i. Good Samaritan Legislation
j. The Health Practitioner Regulation National Law (2009)
k. The Freedom of Information Act (1982)
l. The Privacy Act (1988)
m. The Health Records Act (2001)
e. NMBA Code of Conduct
Which of the following describes:
Sets out framework to promote recovery, minimise compulsory treatment and protect the rights of a particular vulnerable population in society
a. Medical Treatment Planning and Decisions Act (2016)
b. The Wrongs Act (1958)
c. Guardianship and Administration Act (1986)
d. NMBA Code of Ethics
e. NMBA Code of Conduct
f. The Human Tissue Act (1982)
g. The Mental Health Act (2014)
h. The Voluntary Assisted Dying Act (2017)
i. Good Samaritan Legislation
j. The Health Practitioner Regulation National Law (2009)
k. The Freedom of Information Act (1982)
l. The Privacy Act (1988)
m. The Health Records Act (2001)
g. The Mental Health Act (2014)
Which of the following describes:
Is an expression of Nursing and Midwifery’s understanding of its commitment to society
a. Medical Treatment Planning and Decisions Act (2016)
b. The Wrongs Act (1958)
c. Guardianship and Administration Act (1986)
d. NMBA Code of Ethics
e. NMBA Code of Conduct
f. The Human Tissue Act (1982)
g. The Mental Health Act (2014)
h. The Voluntary Assisted Dying Act (2017)
i. Good Samaritan Legislation
j. The Health Practitioner Regulation National Law (2009)
k. The Freedom of Information Act (1982)
l. The Privacy Act (1988)
m. The Health Records Act (2001)
d. NMBA Code of Ethics
Which of the following describes:
Can be applied to determine causation in the case of negligence
a. The double effect
b. The doctrine of precedent
c. Bolam’s Principal
d. Vicarious Liability
e. The ‘but for’ test
f. The doctrine of emergency
g. The thin skull or eggshell rule
e. The ‘but for’ test
Which of the following describes:
A process whereby Judges are bound to follow decisions they have made previously as well as decisions made by other judges at the same level, or in senior courts
a. The double effect
b. The doctrine of precedent
c. Bolam’s Principal
d. Vicarious Liability
e. The ‘but for’ test
f. The doctrine of emergency
g. The thin skull or eggshell rule
b. The doctrine of precedent
Which of the following describes:
Clarifies the law and establishes a procedure relating to the right of patients to refuse treatment
a. Medical Treatment Planning and Decisions Act (2016)
b. The Wrongs Act (1958)
c. Guardianship and Administration Act (1986)
d. NMBA Code of Ethics
e. NMBA Code of Conduct
f. The Human Tissue Act (1982)
g. The Mental Health Act (2014)
h. The Voluntary Assisted Dying Act (2017)
i. Good Samaritan Legislation
j. The Health Practitioner Regulation National Law (2009)
k. The Freedom of Information Act (1982)
l. The Privacy Act (1988)
m. The Health Records Act (2001)
a. Medical Treatment Planning and Decisions Act (2016)
Which of the following describes:
Clarifies the law around accessing documents about personal affairs and the activities of the Government with regard to personal information
a. Medical Treatment Planning and Decisions Act (2016)
b. The Wrongs Act (1958)
c. Guardianship and Administration Act (1986)
d. NMBA Code of Ethics
e. NMBA Code of Conduct
f. The Human Tissue Act (1982)
g. The Mental Health Act (2014)
h. The Voluntary Assisted Dying Act (2017)
i. Good Samaritan Legislation
j. The Health Practitioner Regulation National Law (2009)
k. The Freedom of Information Act (1982)
l. The Privacy Act (1988)
m. The Health Records Act (2001)
k. The Freedom of Information Act (1982)
Which of the following describes:
Regulates the handling, holding, use, access and correction of personal information about identifiable individuals
a. Medical Treatment Planning and Decisions Act (2016)
b. The Wrongs Act (1958)
c. Guardianship and Administration Act (1986)
d. NMBA Code of Ethics
e. NMBA Code of Conduct
f. The Human Tissue Act (1982)
g. The Mental Health Act (2014)
h. The Voluntary Assisted Dying Act (2017)
i. Good Samaritan Legislation
j. The Health Practitioner Regulation National Law (2009)
k. The Freedom of Information Act (1982)
l. The Privacy Act (1988)
m. The Health Records Act (2001)
l. The Privacy Act (1988)
Which of the following describes:
Regulates the collection and handling of health information
a. Medical Treatment Planning and Decisions Act (2016)
b. The Wrongs Act (1958)
c. Guardianship and Administration Act (1986)
d. NMBA Code of Ethics
e. NMBA Code of Conduct
f. The Human Tissue Act (1982)
g. The Mental Health Act (2014)
h. The Voluntary Assisted Dying Act (2017)
i. Good Samaritan Legislation
j. The Health Practitioner Regulation National Law (2009)
k. The Freedom of Information Act (1982)
l. The Privacy Act (1988)
m. The Health Records Act (2001)
m. The Health Records Act (2001)
Which of the following describes:
To ensure that people who are not able to make decisions for themselves can access additional support to ensure a certain quality of life is maintained
a. Medical Treatment Planning and Decisions Act (2016)
b. The Wrongs Act (1958)
c. Guardianship and Administration Act (1986)
d. NMBA Code of Ethics
e. NMBA Code of Conduct
f. The Human Tissue Act (1982)
g. The Mental Health Act (2014)
h. The Voluntary Assisted Dying Act (2017)
i. Good Samaritan Legislation
j. The Health Practitioner Regulation National Law (2009)
k. The Freedom of Information Act (1982)
l. The Privacy Act (1988)
m. The Health Records Act (2001)
c. Guardianship and Administration Act (1986)
Which of the following describes:
A failure in accordance with the standards of a reasonable, competent health care professional in the same circumstances
a. The double effect
b. The doctrine of precedent
c. Bolam’s Principal
d. Vicarious Liability
e. The ‘but for’ test
f. The doctrine of emergency
g. The thin skull or eggshell rule
c. Bolam’s Principal
Which of the following describes:
A principle to explain permissibility of an action that causes serious harm as a side effect of promoting some good end
a. The double effect
b. The doctrine of precedent
c. Bolam’s Principal
d. Vicarious Liability
e. The ‘but for’ test
f. The doctrine of emergency
g. The thin skull or eggshell rule
a. The double effect
Which of the following describes:
Allows individuals to take action in a situation where urgent assistance is needed without being subject to the normal standards of reasonable care
a. The double effect
b. The doctrine of precedent
c. Bolam’s Principal
d. Vicarious Liability
e. The ‘but for’ test
f. The doctrine of emergency
g. The thin skull or eggshell rule
f. The doctrine of emergency
Which of the following describes:
Outlines the moral obligations and duties of individuals entering the profession
a. Medical Treatment Planning and Decisions Act (2016)
b. The Wrongs Act (1958)
c. Guardianship and Administration Act (1986)
d. NMBA Code of Ethics
e. NMBA Code of Conduct
f. The Human Tissue Act (1982)
g. The Mental Health Act (2014)
h. The Voluntary Assisted Dying Act (2017)
i. Good Samaritan Legislation
j. The Health Practitioner Regulation National Law (2009)
k. The Freedom of Information Act (1982)
l. The Privacy Act (1988)
m. The Health Records Act (2001)
d. NMBA Code of Ethics
Which of the following describes:
Governs the ethical removal and use of human tissue for medical purposes.
a. Medical Treatment Planning and Decisions Act (2016)
b. The Wrongs Act (1958)
c. Guardianship and Administration Act (1986)
d. NMBA Code of Ethics
e. NMBA Code of Conduct
f. The Human Tissue Act (1982)
g. The Mental Health Act (2014)
h. The Voluntary Assisted Dying Act (2017)
i. Good Samaritan Legislation
j. The Health Practitioner Regulation National Law (2009)
k. The Freedom of Information Act (1982)
l. The Privacy Act (1988)
m. The Health Records Act (2001)
f. The Human Tissue Act (1982)
Which of the following describes:
Establishes a process for eligible individuals to seek assistance in end-of-life choices.
a. Medical Treatment Planning and Decisions Act (2016)
b. The Wrongs Act (1958)
c. Guardianship and Administration Act (1986)
d. NMBA Code of Ethics
e. NMBA Code of Conduct
f. The Human Tissue Act (1982)
g. The Mental Health Act (2014)
h. The Voluntary Assisted Dying Act (2017)
i. Good Samaritan Legislation
j. The Health Practitioner Regulation National Law (2009)
k. The Freedom of Information Act (1982)
l. The Privacy Act (1988)
m. The Health Records Act (2001)
h. The Voluntary Assisted Dying Act (2017)
Jamie is a 15-year-old patient diagnosed with a chronic autoimmune condition that requires regular steroid treatment. Recently, Jamie’s parents noticed significant weight gain and mood changes linked to the medication, prompting them to seek alternatives. During a follow-up appointment, Jamie expresses to the doctor, Dr. Patel, that they do not want to continue the steroid treatment anymore. Jamie claims that they want to try a holistic approach instead, despite Dr. Patel explaining the risks of stopping the treatment abruptly. Dr. Patel is concerned about the potential for a serious flare-up of Jamie’s condition if treatment is discontinued and encourages Jamie to reconsider. However, Jamie insists on refusing treatment and asks to leave the clinic. Jamie’s parents are unsure of what to do and express their concern about Jamie’s health.
What are the legal rights of a minor like Jamie regarding the refusal of treatment?
Jamie, being 15 years old, has the legal right to refuse treatment if deemed Gillick competent, meaning they understand the nature of their condition and the implications of refusing treatment.
Jamie is a 15-year-old patient diagnosed with a chronic autoimmune condition that requires regular steroid treatment. Recently, Jamie’s parents noticed significant weight gain and mood changes linked to the medication, prompting them to seek alternatives. During a follow-up appointment, Jamie expresses to the doctor, Dr. Patel, that they do not want to continue the steroid treatment anymore. Jamie claims that they want to try a holistic approach instead, despite Dr. Patel explaining the risks of stopping the treatment abruptly. Dr. Patel is concerned about the potential for a serious flare-up of Jamie’s condition if treatment is discontinued and encourages Jamie to reconsider. However, Jamie insists on refusing treatment and asks to leave the clinic. Jamie’s parents are unsure of what to do and express their concern about Jamie’s health.
How does the principle of Gillick competency apply in this scenario?
The principle of Gillick competency applies as it assesses Jamie’s understanding of their treatment and ability to make informed decisions regarding their health.
Jamie is a 15-year-old patient diagnosed with a chronic autoimmune condition that requires regular steroid treatment. Recently, Jamie’s parents noticed significant weight gain and mood changes linked to the medication, prompting them to seek alternatives. During a follow-up appointment, Jamie expresses to the doctor, Dr. Patel, that they do not want to continue the steroid treatment anymore. Jamie claims that they want to try a holistic approach instead, despite Dr. Patel explaining the risks of stopping the treatment abruptly. Dr. Patel is concerned about the potential for a serious flare-up of Jamie’s condition if treatment is discontinued and encourages Jamie to reconsider. However, Jamie insists on refusing treatment and asks to leave the clinic. Jamie’s parents are unsure of what to do and express their concern about Jamie’s health.
What considerations should Dr. Patel take into account regarding the involvement of Jamie’s parents in the decision-making process?
Dr. Patel should ensure Jamie’s parents are involved in the discussion, considering their legal authority and concern for Jamie’s well-being while also respecting Jamie’s autonomy.
Jamie is a 15-year-old patient diagnosed with a chronic autoimmune condition that requires regular steroid treatment. Recently, Jamie’s parents noticed significant weight gain and mood changes linked to the medication, prompting them to seek alternatives. During a follow-up appointment, Jamie expresses to the doctor, Dr. Patel, that they do not want to continue the steroid treatment anymore. Jamie claims that they want to try a holistic approach instead, despite Dr. Patel explaining the risks of stopping the treatment abruptly. Dr. Patel is concerned about the potential for a serious flare-up of Jamie’s condition if treatment is discontinued and encourages Jamie to reconsider. However, Jamie insists on refusing treatment and asks to leave the clinic. Jamie’s parents are unsure of what to do and express their concern about Jamie’s health.
What are the potential risks associated with Jamie’s refusal of the steroid treatment?
The risks of refusing the steroid treatment include a potential flare-up of Jamie’s autoimmune condition, which could lead to serious health complications and possibly require hospitalization.
Jamie is a 15-year-old patient diagnosed with a chronic autoimmune condition that requires regular steroid treatment. Recently, Jamie’s parents noticed significant weight gain and mood changes linked to the medication, prompting them to seek alternatives. During a follow-up appointment, Jamie expresses to the doctor, Dr. Patel, that they do not want to continue the steroid treatment anymore. Jamie claims that they want to try a holistic approach instead, despite Dr. Patel explaining the risks of stopping the treatment abruptly. Dr. Patel is concerned about the potential for a serious flare-up of Jamie’s condition if treatment is discontinued and encourages Jamie to reconsider. However, Jamie insists on refusing treatment and asks to leave the clinic. Jamie’s parents are unsure of what to do and express their concern about Jamie’s health.
Identify the elements necessary to establish negligence in Dr. Patel’s duty of care toward Jamie.
To establish negligence, the elements of duty of care, breach of duty, damages, and causation must be proven. Dr. Patel has a duty to ensure Jamie receives appropriate care and information about the consequences of refusing treatment.
Jamie is a 15-year-old patient diagnosed with a chronic autoimmune condition that requires regular steroid treatment. Recently, Jamie’s parents noticed significant weight gain and mood changes linked to the medication, prompting them to seek alternatives. During a follow-up appointment, Jamie expresses to the doctor, Dr. Patel, that they do not want to continue the steroid treatment anymore. Jamie claims that they want to try a holistic approach instead, despite Dr. Patel explaining the risks of stopping the treatment abruptly. Dr. Patel is concerned about the potential for a serious flare-up of Jamie’s condition if treatment is discontinued and encourages Jamie to reconsider. However, Jamie insists on refusing treatment and asks to leave the clinic. Jamie’s parents are unsure of what to do and express their concern about Jamie’s health.
Discuss whether there was a breach of duty in Dr. Patel’s actions. What should Dr. Patel have done differently?
Dr. Patel may have breached that duty if they fail to document the conversation adequately, ensure Jamie understands the risks, or provide a proper referral to a specialist regarding alternative treatments.
Jamie is a 15-year-old patient diagnosed with a chronic autoimmune condition that requires regular steroid treatment. Recently, Jamie’s parents noticed significant weight gain and mood changes linked to the medication, prompting them to seek alternatives. During a follow-up appointment, Jamie expresses to the doctor, Dr. Patel, that they do not want to continue the steroid treatment anymore. Jamie claims that they want to try a holistic approach instead, despite Dr. Patel explaining the risks of stopping the treatment abruptly. Dr. Patel is concerned about the potential for a serious flare-up of Jamie’s condition if treatment is discontinued and encourages Jamie to reconsider. However, Jamie insists on refusing treatment and asks to leave the clinic. Jamie’s parents are unsure of what to do and express their concern about Jamie’s health.
Refer to the Wrongs Act 1958 (Vic) or the Wrongs Amendment Act 2015 (Vic) when discussing the standard of care expected from a medical professional in this case.
Under the Wrongs Act 1958 (Vic), a doctor is expected to provide a standard of care that a reasonable medical professional in similar circumstances would provide. Dr. Patel should have communicated the risks clearly and ensured Jamie was fully informed.
Jamie is a 15-year-old patient diagnosed with a chronic autoimmune condition that requires regular steroid treatment. Recently, Jamie’s parents noticed significant weight gain and mood changes linked to the medication, prompting them to seek alternatives. During a follow-up appointment, Jamie expresses to the doctor, Dr. Patel, that they do not want to continue the steroid treatment anymore. Jamie claims that they want to try a holistic approach instead, despite Dr. Patel explaining the risks of stopping the treatment abruptly. Dr. Patel is concerned about the potential for a serious flare-up of Jamie’s condition if treatment is discontinued and encourages Jamie to reconsider. However, Jamie insists on refusing treatment and asks to leave the clinic. Jamie’s parents are unsure of what to do and express their concern about Jamie’s health.
What types of harm could Jamie foreseeably suffer as a result of Dr. Patel’s potential negligence in addressing the treatment refusal?
Jamie could face physical harm from a severe flare-up of their condition and psychological harm from anxiety about their health due to untreated symptoms.
Jamie is a 15-year-old patient diagnosed with a chronic autoimmune condition that requires regular steroid treatment. Recently, Jamie’s parents noticed significant weight gain and mood changes linked to the medication, prompting them to seek alternatives. During a follow-up appointment, Jamie expresses to the doctor, Dr. Patel, that they do not want to continue the steroid treatment anymore. Jamie claims that they want to try a holistic approach instead, despite Dr. Patel explaining the risks of stopping the treatment abruptly. Dr. Patel is concerned about the potential for a serious flare-up of Jamie’s condition if treatment is discontinued and encourages Jamie to reconsider. However, Jamie insists on refusing treatment and asks to leave the clinic. Jamie’s parents are unsure of what to do and express their concern about Jamie’s health.
Explain the causation link between Dr. Patel’s actions or inactions and the potential harm Jamie may face if treatment is abruptly discontinued.
Causation can be linked to Dr. Patel’s failure to take sufficient steps to address Jamie’s concerns and ensure understanding. If Jamie experiences complications due to treatment refusal, it may be argued that proper communication and intervention could have mitigated that risk.
Which of the following best describes the concept of duty of care in negligence?
A) The obligation to perform medical procedures competently
B) The responsibility of healthcare professionals to ensure patient confidentiality
C) The legal obligation to avoid acts or omissions that could foreseeably harm others
D) The requirement to document all patient interactions
Which of the following best describes the concept of duty of care in negligence?
A) The obligation to perform medical procedures competently
B) The responsibility of healthcare professionals to ensure patient confidentiality
C) The legal obligation to avoid acts or omissions that could foreseeably harm others
D) The requirement to document all patient interactions
What does a breach of duty entail in a negligence claim?
A) Failing to inform a patient of their treatment options
B) Acting in a way that a reasonable person in a similar situation would not
C) Providing inadequate follow-up care
D) All of the above
What does a breach of duty entail in a negligence claim?
A) Failing to inform a patient of their treatment options
B) Acting in a way that a reasonable person in a similar situation would not
C) Providing inadequate follow-up care
D) All of the above
Foreseeability in the context of negligence means:
A) The ability to predict the future outcomes of medical treatments
B) The expectation that a reasonable person could foresee the potential harm resulting from their actions
C) The requirement that all medical procedures must be performed under controlled conditions
D) The need for doctors to keep up with the latest medical research
Foreseeability in the context of negligence means:
A) The ability to predict the future outcomes of medical treatments
B) The expectation that a reasonable person could foresee the potential harm resulting from their actions
C) The requirement that all medical procedures must be performed under controlled conditions
D) The need for doctors to keep up with the latest medical research
Which act outlines the principles of negligence specifically for the state of Victoria?
A) The Health Records Act 2001 (Vic)
B) The Privacy Act 1988 (Cth)
C) The Wrongs Act 1958 (Vic)
D) The Freedom of Information Act 1982 (Vic)
Which act outlines the principles of negligence specifically for the state of Victoria?
A) The Health Records Act 2001 (Vic)
B) The Privacy Act 1988 (Cth)
C) The Wrongs Act 1958 (Vic)
D) The Freedom of Information Act 1982 (Vic)
The Bolam Principle states that a healthcare professional is not negligent if:
A) They have acted according to a practice accepted by a responsible body of medical practitioners
B) They were under time pressure during the procedure
C) The patient did not agree to the treatment
D) They failed to document all actions taken during patient care
The Bolam Principle states that a healthcare professional is not negligent if:
A) They have acted according to a practice accepted by a responsible body of medical practitioners
B) They were under time pressure during the procedure
C) The patient did not agree to the treatment
D) They failed to document all actions taken during patient care
Which aspect of negligence involves the relationship between the plaintiff and the defendant that creates a legal obligation?
A) Breach of Duty
B) Duty of Care
C) Causation
D) Damages
Which aspect of negligence involves the relationship between the plaintiff and the defendant that creates a legal obligation?
A) Breach of Duty
B) Duty of Care
C) Causation
D) Damages
In the context of negligence, ‘proximity’ refers to:
A) The physical distance between the parties involved
B) The closeness of the relationship that gives rise to a duty of care
C) The timing of the defendant’s actions
D) The severity of the harm caused
In the context of negligence, ‘proximity’ refers to:
A) The physical distance between the parties involved
B) The closeness of the relationship that gives rise to a duty of care
C) The timing of the defendant’s actions
D) The severity of the harm caused
Which principle connects the breach of duty to the harm suffered by the plaintiff?
A) Proximity
B) Breach of Duty
C) Causation
D) Foreseeability
Which principle connects the breach of duty to the harm suffered by the plaintiff?
A) Proximity
B) Breach of Duty
C) Causation
D) Foreseeability
Which principle asserts that a healthcare provider is not negligent if their actions align with those accepted by a responsible body of peers?
A) Causation Principle
B) Reasonable Person Standard
C) Bolam Principle
D) Proximity Principle
Which principle asserts that a healthcare provider is not negligent if their actions align with those accepted by a responsible body of peers?
A) Causation Principle
B) Reasonable Person Standard
C) Bolam Principle
D) Proximity Principle
What is the difference between a advanced care directive and a NFR?
An ACD is a comprehensive, patient-initiated document covering various healthcare preferences, while an NFR order is a specific, doctor-initiated directive that focuses only on resuscitation decisions.
Identify three (3) criteria for a valid NFR order.
Patient must have capacity to make the decsion
Order must be documented including doctors signature
Order must be dated and relevant to the current admission.
Identify 2 possible decisions or outcomes if a report is made about nurses to AHPRA and they are found guilty.
Referral to another agency, for example the coroners court or police
Undertakings such as further education,
Reprimand
Suspension of registration
Cancellation of registration
What information can be provided to callers on the phone about patients currently in care?
We can’t provide any answers to the callers on the phone. Information is to remain private and confidential in line with the Privacy Act (Cth) 1988 and the Health Records Act (Vic) 2001 and we cannot disclose it without consent.
In what circumstances can disclose patient information?
- When you have permission from the patient
- When the patient lacks capacity (might deem it appropriate to disclose to NOK)
- When communicating with a health professional who is assisting with the patient
- For research purposes (consent from patient still required and information must be deidentified)
- When required by law/to prevent serious harm
