WMK sessions Flashcards
What parties do justice concern?
The individual and society
What does the HRA 1998 define?
Legally enforceable rights entitlements in the UK
What did the HRA 1998 incorporate into English law?
European Convention on HR
Who is the act enforceable upon?
Public authorities
HRA Article 2
Right to life (everyone’s life shall be protected by law)
HRA Article 3
Prohibition of torture (No one shall be subjected to torture or to inhuman or degrading treatment or
punishment)
HRA Article 5
Right to liberty (Everyone has the right to liberty and
security of person)
HRA Article 8
Right to a private life (Everyone has the right for his private and family life)
What is an absolute right under article 2?
Right to be safe from being intentionally killed
Do all avoidable deaths count as intentional killing?
No
Obligation to provide life-saving treatment
No absolute obligation
Withdrawal of futile treatment under Article 2
Not in breach
Whose lives are not protected under Article 2?
Foetuses
How does article 3 apply to medicine?
Non-consensual treatment of an incompetent
individual may contravene article 3 if it is not
therapeutically necessary
and
Excessive restraint may contravene article 3
Is Article 3 an absolute right?
Yes
Is Article 5 an absolute right?
No
How does Article 5 apply to detainment in healthcare?
Detention is lawful for mental illness or prevention
of infectious disease if it is in accordance with the
law (MHA, DOLs)
Challenging Article 5
Individuals must have access to an effective and
speedy means of challenging detention
– Appeal process under Mental Health Act
– Deprivation of Liberty Safeguards
Is article 8 absolute?
No
How does article 8 apply to healthcare?
Protects a patient’s right to confidentiality
and
Protects the right to refuse medical treatment
even if life saving
Steps for verifying death (5)
No response to verbal or painful stimulus
No palpable carotid pulse
No heart sounds (2 minutes)
No breaths sounds (2 minutes)
Pupils fixed and dilated (non-responsive to light)
What needs to be documented when verifying death?
Date and time certified
Who needs to be contacted when verifying death?
Notify Consultant, discuss cause of death for certificate, arrange for family to be notified etc.
Who’s duty is it to issue a medical certificate of the cause of death (MCCD)?
The doctor attending during the last illness of a person who dies
How to format cause of death?
1a is ultimate cause of death
1b causes 1a
1c causes 1b
(Part II – other significant diseases contributing to cause of death but not related to 1a-c.)
Which information provided for cause of death section is used on national death registers?
information lowest in the order
2 outcomes from discussion with medical examiner?
either enable you to complete MCCD or refer to Coroner (either for discussion or more formal reasons)
2 outcomes from discussion with medical examiner?
either enable you to complete MCCD or refer to Coroner (either for discussion or more formal reasons)
Types of autopsies
Consented (‘hospital’) - MCCD issued, Medicolegal (forensic, or coroner)
When are coroners usually involved in investigating deaths?
- the death was violent or unnatural (suicide, trauma, accident, murder)
- the cause of death is unknown
- death from complx of surgery/therapy
- not seen by a dr during last illness, or in last 28 days
- during or within 12 months of pregnancy
- the person died in prison, police custody, or another type of state detention incl MHA
When are coroners usually involved in investigating deaths?
- the death was violent or unnatural (suicide, trauma, accident, murder)
- the cause of death is unknown
- not seen by a dr during last illness, or in last 28 days
- during or within 12 months of pregnancy
- the person died in prison, police custody, or another type of state detention incl MHA
What does the Human Tissue Act 2004 deal with?
consent, performance of autopsies and storage of material retained, as well as the collection and retention of material taken from the living
Who can give consent for removal, use or storage of tissue after death?
The person before death – if competent
A nominated representative (nominated before death when the person was mentally competent)
Consent from an adult in a qualifying relationship (according to the HTA hierarchy of consent)
HTA hierarchy of consent
Partner/spouse Parent/Child Sibling Grandparent/grandchild Niece/Nephew Step parent Half sibling Friend of longstanding
The Organ Donation Act (2019)
Consent for organ/tissue donation will be deemed if:
There was no expressed consent/refusal prior to death
No nominated representative
Deemed consent may be rejected if the family provide reasonable reason to believe that the potential donor would not have given consent
What justifies confidentiality being broken?
Best interest of patient or safeguarding the wellbeing of others
Statutory Requirements e.g.
Road Traffic Act 1988
Prevention of Terrorism Act 1989
Public Health (Control of Disease) Act 1984
Public Interest
Public good vs obligation of confidentiality to the patient.
Protection of confidence is a public interest
