Paeds Ethics and Law

Question 1

What are the 3 main laws found in Paediatrics?

Answer 1

1) Children’s Act 1989/2004
2) Mental Health Act 1983
3) Mental Capacity Act 2005

Question 2

When can treatment be witheld, withdrawn or limited in children?

Answer 2

1) Life is limited in quality
2) Life is limited in quantity
3) Informed, competent refusal of treatment

Question 3

What is the difference between case law and statute law?

Answer 3

Case: law that is based on a legal case
Statute: law that has been passed through parliament

Question 4

What is the Fraser Gillick criteria?

Answer 4

Child can be deemed to have capacity to make own decision if CUPSI
Continue (PT continues regardless)
Understands what saying
Persuade (Can’t persuade to involve parents)
Suffer (Chance of suffering if don’t advise)
Interests (Acting in their best interests)

Question 5

What can another parent consent?

Answer 5

1) Married to the mother of the child
2) Made parental responsibility agreement with mother
3) Obtained court order granting parental responsibility
4) named on the child’s birth certificate

Question 6

What is the recommended guideline for religious circumcision?

Answer 6

Recommends parental consent from BOTH

Question 7

How does legal variation occur in UK for 16-17?

Answer 7

England and Wales: parents consent in best interests
Scotland: Treat as adults (Also can’t override if refuse treatment!)

Question 8

How does court of protection work with decision making?

Answer 8

Essential to involve parents in decision making and try to make an agreement.
If disagree: Court can overrule parents

Question 9

How can a young person be deemed to have capacity?

Answer 9

1) Understand
2) Retain
3) Weigh up
4) Communicate a decision