WMK sessions

Question 1

What parties do justice concern?

Answer 1

The individual and society

Question 2

What does the HRA 1998 define?

Answer 2

Legally enforceable rights entitlements in the UK

Question 3

What did the HRA 1998 incorporate into English law?

Answer 3

European Convention on HR

Question 4

Who is the act enforceable upon?

Answer 4

Public authorities

Question 5

HRA Article 2

Answer 5

Right to life (everyone’s life shall be protected by law)

Question 6

HRA Article 3

Answer 6

Prohibition of torture (No one shall be subjected to torture or to inhuman or degrading treatment or
punishment)

Question 7

HRA Article 5

Answer 7

Right to liberty (Everyone has the right to liberty and

security of person)

Question 8

HRA Article 8

Answer 8

Right to a private life (Everyone has the right for his private and family life)

Question 9

What is an absolute right under article 2?

Answer 9

Right to be safe from being intentionally killed

Question 10

Do all avoidable deaths count as intentional killing?

Answer 10

No

Question 11

Obligation to provide life-saving treatment

Answer 11

No absolute obligation

Question 12

Withdrawal of futile treatment under Article 2

Answer 12

Not in breach

Question 13

Whose lives are not protected under Article 2?

Answer 13

Foetuses

Question 14

How does article 3 apply to medicine?

Answer 14

Non-consensual treatment of an incompetent
individual may contravene article 3 if it is not
therapeutically necessary

and

Excessive restraint may contravene article 3

Question 15

Is Article 3 an absolute right?

Answer 15

Yes

Question 16

Is Article 5 an absolute right?

Answer 16

No

Question 17

How does Article 5 apply to detainment in healthcare?

Answer 17

Detention is lawful for mental illness or prevention
of infectious disease if it is in accordance with the
law (MHA, DOLs)

Question 18

Challenging Article 5

Answer 18

Individuals must have access to an effective and
speedy means of challenging detention
– Appeal process under Mental Health Act
– Deprivation of Liberty Safeguards

Question 19

Is article 8 absolute?

Answer 19

No

Question 20

How does article 8 apply to healthcare?

Answer 20

Protects a patient’s right to confidentiality

and

Protects the right to refuse medical treatment
even if life saving

Question 21

Steps for verifying death (5)

Answer 21

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)

Question 22

What needs to be documented when verifying death?

Answer 22

Date and time certified

Question 23

Who needs to be contacted when verifying death?

Answer 23

Notify Consultant, discuss cause of death for certificate, arrange for family to be notified etc.

Question 24

Who’s duty is it to issue a medical certificate of the cause of death (MCCD)?

Answer 24

The doctor attending during the last illness of a person who dies

Question 25

How to format cause of death?

Answer 25

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.)

Question 26

Which information provided for cause of death section is used on national death registers?

Answer 26

information lowest in the order

Question 27

2 outcomes from discussion with medical examiner?

Answer 27

either enable you to complete MCCD or refer to Coroner (either for discussion or more formal reasons)

Question 28

2 outcomes from discussion with medical examiner?

Answer 28

either enable you to complete MCCD or refer to Coroner (either for discussion or more formal reasons)

Question 29

Types of autopsies

Answer 29

Consented (‘hospital’) - MCCD issued, Medicolegal (forensic, or coroner)

Question 30

When are coroners usually involved in investigating deaths?

Answer 30

• 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

Question 31

When are coroners usually involved in investigating deaths?

Answer 31

• 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

Question 32

What does the Human Tissue Act 2004 deal with?

Answer 32

consent, performance of autopsies and storage of material retained, as well as the collection and retention of material taken from the living

Question 33

Who can give consent for removal, use or storage of tissue after death?

Answer 33

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)

Question 34

HTA hierarchy of consent

Answer 34

Partner/spouse
Parent/Child
Sibling
Grandparent/grandchild
Niece/Nephew
Step parent
Half sibling
Friend of longstanding

Question 35

The Organ Donation Act (2019)

Answer 35

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

Question 36

What justifies confidentiality being broken?

Answer 36

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