Law - infectious diseases + blood transfusions

Question 1

When can you be charged for assault, battery and false imprisonment in a medical context?

Answer 1

treating a person against their will (no consent)
if a patient consents to one treatment, but receives another
if treatment is given without patient being told this will happen
unlawful detention (consider MHA)

Question 2

When can confidentiality be breached with respect to infectious diseases?

Answer 2

disclose information to satisfy a statutory requirement, eg. notification of a known or suspected case of communicable disease
only disclose info relevant to request
inform patient about disclosures

Question 3

How long do you have to report a known/suspected non-urgent notifiable disease?

Answer 3

within 3 days

Question 4

How long do you have to report a known/suspected urgent notifiable disease?

Answer 4

within 24 hours

Question 5

List non-urgent notifiable diseases

Answer 5

acute encephalitis
brucellosis
food poisoning
leprosy
malaria
mumps
rubella
scarlet fever
tetanus
tuberculosis
typhus

Question 6

List urgent notifiable diseases

Answer 6

acute infectious hepatitis
acute meningitis
acute poliomyelitis
anthrax
botulism
cholera
diphtheria
enteric fever
haemolytic uraemic syndrome (HUS)
infectious bloody diarrhoea
measles
meningococcal septicaemia
plague
rabies
SARS
smallpox
viral haemorrhagic fever (VHF)

Question 7

Who do you report notifiable diseases to?

Answer 7

proper officer for the area
do not have to report if another doctor already has
proper officer will coordinate next steps

Question 8

What can a Magistrate do if a patient with a notifiable disease refuses to cooperate?

Answer 8

Part 2A Order
- patient must be infected/contaminated
- infection/contamination could cause significant harm to human health
- risk patient might infect/contaminate others
- it is necessary to make order to reduce risk

breach = fine up to £20000

Question 9

What powers are under a Part 2A?

Answer 9

Magistrate can:
- detain patient in hospital
- remove patient to hospital for examination
- restrict where patient goes
- keep patient in isolation
- close or destroy premises

Question 10

Can someone be treated without their consent under a Part 2A order?

Answer 10

does not enable Local Authority or Court to order treatment
can be examined/investigated for firm diagnosis but cannot be treated

Question 11

How does parental responsibility (PR) affect consent to treatment?

Answer 11

persons with PR have legal power to give or withhold consent to treatment for a child, provided that they are not acting against the child’s best interests

Question 12

What Act involves the liability for defective blood?

Answer 12

Consumer Protection Act 1987
- blood + blood products = considered products
- blood = defective if does not provide safety which a person is legitimately entitled to expect
- no need to prove negligence, strict liability