Healthcare consent legislation essay
Mental capacity Act section one two contains detailed guidelines on how best interest of a person who lack capacity should be determined. The medical operator should provide all the necessary information about the operation and failure to do so can result to lack of justification. They all serve the same purpose of protecting the interest of patients during the time of medication process. Legal aspects of health care administration. For the case of competence adults the medical practitioner must get the concept of the patient before subjecting him or her to medical treatment. Hence, some commentators like Mill, et al. After obtaining due consent, she was subjected to an operation.
One is the best interests test, which requires a balancing of the benefit to the patient against the risks of the proposed treatment, and the other is the substituted judgment test, which involves making a decision which is consistent with what the person would have decided if they had the capacity to do so.
This is because failure to provide the necessary information to the patient is a form of negligence and thus the doctor went against the law.
Principles of biomedical ethics, 5th edn. However, the physician can subject medication to a patient without consent and it becomes lawful under the following situations which are highlighted in the medical law act.
Implied consent medical
As a result of that, she sued the doctor for negligence because she claimed that the doctor had not disclosed all the information about the negative of the surgery. The tort of negligence is also posed to be dangerous because it may lead to disablement or death of a patient if the doctor is careless. Test your knowledge of the readings using the quiz. The medical practitioner commits a tort of negligence. The Oath states that doctors should always keep their patients prior to anything else and should avoid causing harm. The medical operator should provide all the necessary information about the operation and failure to do so can result to lack of justification. This means that they need to develop the skills necessary to talk about reproductive and sexual health in ways that encourage the person to make their own decisions. Both torts, the tort of negligence and battery are said to be the most violated by physicians References Beauchamp and Childress. The relationship between a medical professional and his patient is a contract by parties competent to contract giving rise to contractual obligations. To standardize the practice, the Medical Council of India MCI has laid down guidelines that are issued as regulations in which consent is required to be taken in writing before performing an operation. Where a competent child refuses treatment, a person with parental responsibility or the court may authorize investigation or treatment which is in the child's best interests. Consent without necessary information is no consent at all. Footnotes Conflict of Interest: None declared. A doctor who treats without valid consent will be liable under the tort and criminal laws. The main issues lies on to what extent should the medical practitioner advice the patient when coming up with the consent.
Since the person is unconscious which means have no capacity of giving his or her views, the best interest evaluation process should be carried out. The advantages of such a system are many, but in the end, the question remains whether patients want to trade privacy for better healthcare.
An important point to note when discussing standard of care is that, the standard to which a doctor will be judged The above decisions are delivered keeping in mind the accident victims who were denied medical treatment by doctors, terming them as medico-legal cases.
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