Course Notes: Medical Law and Ethics - download pdf or read online

By Claudia Carr

ISBN-10: 1444167871

ISBN-13: 9781444167870

Course Notes is designed that can assist you achieve your legislation examinations and checks. each one advisor helps revision of an undergraduate and conversion GDL/CPE legislations measure module by way of demonstrating sturdy perform in developing and conserving excellent notes. Course Notes will aid you in actively and successfully studying the cloth via guiding you thru the calls for of compiling the knowledge you need.

• Written by way of specialist teachers who comprehend your wishes with exam requisites in mind

• Covers key instances, laws and ideas essentially and concisely so that you can bear in mind details confidently

• Contains easy to use diagrams, definition bins and work issues  to assist you comprehend tricky concepts

• presents self test opportunities all through that you can cost your understanding

• Illustrates tips on how to collect the best set of revision notes

• Covers the fundamental modules of analysis for undergraduate llb and conversion-to-law GDL/CPE classes

• extra on-line revision suggestions akin to pattern essay plans, interactive quizzes and a word list of criminal phrases at www.unlockingthelaw.co.uk

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Example text

We have already seen in Re C that an unwise or irrational decision does not negate capacity. Section 1(4) Mental Capacity Act 2005 maintains the common law position. A patient is able to refuse medical treatment even it will lead to the patient’s death. There are however, cases where the presumption of capacity has been rebutted despite recognition of a patient’s autonomy. 1 INTRODUCTION s 2(2) CONSENT 26 In Re T (Adult: Refusal of Medical Treatment) (1993), a pre MCA case, a Jehovah Witness’ refusal of a blood transfusion was overridden due to maternal pressure and the presumption of capacity was rebutted.

GP’s are normally insured against any risk. • If the medical professional is employed by a hospital → under the doctrine of vicarious liability, the claimant may sue the treating medical professional’s employer but → the negligent act must be committed in the course of the medical professional’s employment. Case example In Cassidy v Ministry of Health (1951), the defendant hospital was held liable for the negligence of a surgeon employed by the hospital. Denning LJ said: ‘In my opinion authorities who run a hospital … are in law under the selfsame duty as the humblest doctor; whenever they accept a patient for treatment, they must use reasonable care and skill to cure him of his ailment.

Whilst a heart beat is still audible, he also thinks that it is slow and irregular and a CTG shows decelerations of the foetal heart rate. Mr Brook explains he will admit her to hospital and see if there is any improvement. He says he will see Emily again in two days time. Emily is a little alarmed and says that she would like to see him after she is admitted in case the baby’s condition deteriorates. 1 Introduction A patient’s consent is fundamental to the issue of diagnosis and treatment. A medical professional cannot touch a patient in order to treat them without their express or implied consent or statutory authority.

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Course Notes: Medical Law and Ethics by Claudia Carr


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