Thursday, December 19, 2019
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 individualââ¬â¢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 à |à 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 à |à 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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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 à |à 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. 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