Legal And Ethical Issues Of Medical Consent - 1559 Words

In Australia it is a requirement for a person to give consent when receiving any medical treatment. Whether it be consent by an adult on behalf of a minor or an adult consenting for themselves. This concept appears to be quite candid; however when faced with a complex and challenging situation, it becomes difficult to distinguish the validity of the individual’s consent. The case Re Bruce [2015] will explore the legal and ethical issues of medical consent in exceptional circumstances. The examination of relevant legislation including the Guardianship and Mental Health legislation and the Universal Declaration on Bioethics and Human Rights will assist in answering this question. Furthermore, a number of stakeholder positions, such as spouses, medical practitioners and contents of the law and its application in practice will be investigated in order to identify if this case possess a lawful justification. Legal Issues: There are four major elements involved on the concept of consent to medical treatment to establish its validity. These elements consist of: decision-making capacity, voluntariness, informed consent and consent to the specific treatment. Common law ensures that a competent person over the age of 18 has the right to accept or refuse the commencement of invasive procedures. This can be communicated verbally, written or it can be implied. Failure to adhere to the elements concerning consent for medical treatment could result in civil or criminal liability for theShow MoreRelatedEthics in Medicine : the Relationship Between Law and Medical Ethics:1271 Words   |  6 PagesThe essay will discuss the ETHICS IN MEDICINE : The Relationship Between Law and Medical Ethics: Dispute and Legal Issues: A 32 year old woman was admitted to the Trauma Intensive Care Unit following a motor vehicle accident; she had multiple injuries and fractures, with several complications which continued to develop over the first couple of weeks. The patient rapidly developed Adult Respiratory Distress Syndrome, was on a ventilator, and was continuously sedated. Shortly after the patientsRead MoreCritically Evaluate Medical Ethics And Legal Issues1263 Words   |  6 PagesCritically evaluate medical ethics and legal issues Introduction Medical ethics and legal issues have been a key topic in medical field for many years now. 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An ethical issue can occur when a doctor performs an abortion that is legal but may not be considered ethical by other health care professionals or members of the public at large. Other ethical dilemmas arise at the end of life, when a decision must be made to turn off life-support machines and allow death to occur (Greenwood, 2015). There are more ethical issues that a health care professional might face on an everyday basis but theRead MoreConsent : An Definiti on Of Consent1347 Words   |  6 PagesINTRODUCTION Consent is a highly discussed topic amongst all working fields within Australia. Consent is the art of agreeing this can be portrayed in three different ways; implied, verbal or written. Implied consent is often given for simple or routine procedures with common knowledge and a broad understanding of the procedure, implied consent is often conveyed by actions. Verbal consent is expressed verbally. Finally written consent is provided in writing and is the most common kind of consent and thisRead MoreThe Legal Implications Of Patient Care For Nursing Professionals1744 Words   |  7 PagesGaining a patient consent prior to the medical procedure has claimed simple yet imperative process of patient care for nursing professionals as some of the legal implications can occur that may lead to a negligence on clinical care, risk the nursing registration or even criminal assault that is resulting a litigation, if it does not proceed accordingly. The patient’s consent can be obtained in various ways, such as implied, verbal or written forms are available and most importantly, different typesRead MoreThroughout the world the majority of people identified with disabilities have been overlooked,1400 Words   |  6 Pagesdemonstrates that in ‘dealing’ with this issue many individuals with disabilities have been placed in institutions and/or prisons and by sterilising many young girls (AHRC, 2013). The recent concern presented by Federal disability commissioner Graeme Inns, of the rise in sterilisation in young girls with disabilities begs the question of if the rights of these young girls are being adhered to (ABC, 2012). This case study will examine the legal and ethical issues whilst also discussing the rights of anRead MoreEthical Considerations Project Essay610 Words   |  3 PagesEthical Considerations Project Ethical Considerations I believe the ethical considerations in Brownfield v. Daniel Freeman Marina Hospital is for all hospitals to provide all information and access to emergency contraceptives to sexual assault and rape victims. In the defense of Brownfield, emergency contraceptives, Plan B, and oral synthetic hormones is the most common type of emergency contraceptives that should have been disclosed to her upon her request. These contraceptives are oftenRead MoreEthical and Legal Problems Faced by Nurse Practioner1459 Words   |  6 PagesEthical and Legal Problems Faced by Nurse Practitioners HCA322: Health Care Ethics amp; Medical Law (BGE1226A) Instructor: Eugene Elliott Cara Gerlach 7/23/12 Ethical and Legal Problems Faced by Nurse Practitioners Every medical professional has or will face some ethical and legal issues in the Medical Field, the Nurse Practitioners (NP) are no different. Fant stated that in an ethical dilemma there are no right answers or solutions; however, in these dilemmas there are no wrong answers either