Medical law, Edition: 2nd Revised edition by Jonathan Herring

By Jonathan Herring

Legislations exhibit: clinical legislation is designed that can assist you to narrate all of the studying and examine all through your direction in particular to examination and task events. comprehend fast what's required, organise your revision, and study the most important issues very easily, to get the grades you would like. established with examiners and scholars

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Second, there is the question of how much information a patient must be given in order to be able to make an effective decision. Third, there is the question of how patients who lack capacity should be treated. Assessment advice Essay questions on this topic will require a good knowledge of the legal principles, but also the ethical ones. You will need a detailed knowledge of the Mental Capacity Act 2005 and to be able to explain how the courts will assess capacity and how decisions are made on behalf of those who lack capacity.

However, Naomi Campbell had spoken in public about her problems with drugs and so the mere fact she was receiving treatment was not protected. But she had not revealed the details about her treatment and so these were protected. Their Lordships explained that it was necessary to weigh up the right to protection of confidential information with the right of freedom of expression. QXP:M04_HERR2513_02_SE_C04 10/6/09 11:08 Page 39 WHEN IS DISCLOSURE OF CONFIDENTIAL INFORMATION PERMITTED? Convention on Human Rights.

Do you think that autonomy should be the paramount principle? Are there any circumstances in which you think it appropriate to give a patient treatment against his or her wishes? Or where it is inappropriate, to give a treatment that a patient wishes to receive? FURTHER READING Beauchamp, T. and Childress, J. (2001) Principles of Biomedical Ethics. Oxford: Oxford University Press. Brazier, M. ’, 65 Cambridge Law Journal 397. Gillon, R. (2003) ‘Ethics Needs Principles – Four Can Encompass the Rest – and Respect for Autonomy Should Be “First among Equals”’, 29 Journal of Medical Ethics 307.

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