Exam

Question 1

Theories of ethics
Utilitarianism

Answer 1

1. An action is right only when it promotes the best consequences
2. Goal based approach
3. The goal is to approach the greatest good for the greatest number

Question 2

Theories of ethics
Deontology 道義論

Answer 2

1. If an action is morally right, it must be right in all circustances

Question 3

Autonomy

Answer 3

Free to determine their own choice- to respect person based on his value

Question 4

Ethical aspects

Benefience
Autonomy
Non-maleficence
Justice

Question 5

What is law

Answer 5

A set of power ruling most aspects of life in a community

A power to binding people in a country

An impose on people by appropriate legal sanction

Question 6

Tye of laws

Public law

Criminal law

Private law

Question 7

Public law

Answer 7

Concerns about eh conduct of government, and the relationship between government and community

E.g. criminal law: punish the wrongdoers

Administrative law: punish the abuse of government power

Constitutional law: to control the powers of legislative and executive bodies, judiciary and chief executive

Question 8

Private law 民法

Answer 8

Is to win a judgement in form of money called damage by ordering them to pay to compensate others

Question 9

Criminal law

Answer 9

The main object is procescution to ounish the convicted offenders in fine, imprisonment or others

Question 10

Basic law

Answer 10

All law are based on basic law, no law legislated in HKSAR can contradict basic law

1. basic law 五十年不變
2. The case law (judge-made law)
3. Legislation law (護士註冊
4. National law of PRC 國歌國旗國慶
5. Customary law 習慣法

Question 11

Legal profession: solicitor / barrister

Answer 11

Solicitor:
Working for private practice
Advising client in all aspect o flaw
E.g. drafting wills
Drafting contracts
Advise on divorce matters

Barristor
:work as sole proprietor
Only accept instruction by firm solicitor
Drafting document for litigation
Drafting fro advocacy argument in court

Question 12

Appeal system

The court of final appeal
The court of appeal — land tribunal
The court of first instance of High Court— the small claims tribunal, the coroner tribunal, the labour tribunal
The district court
The magistrates court

Question 13

Classification of Tort
1. Trespass to person
2. Defamation

Answer 13

1. Trespass to person
   A. Assault
   The act of putting another person in a reasonable fear or apprehension of immediate physical violence on him

B. Battery
Even the amount of power is trivial
Force apply to others without permission without lawful justificatin

C. False imprisonment
Restrict the freedom of movement

Defense for the act
1. Self defense
2. With consent
3. Statutory authority

Question 14

Defamation

Answer 14

Tend to lower the plaintiff in the estimation of of right thinking members of society generally

Defense:
1. Justification (true staement)
2. Absolute privilege
3. Fair comment of public affairs

Question 15

Tort, related to medical

Answer 15

Treatment given to a patience without their consent constitute assault and battery

Above 18 & with sound mind then is able to give consent
Medical professionals can act in the best interest of the patient.

1. Must be the best interest
2. Necessary to act obtaining patient’s consent is impossible

Question 16

What is Gillick test

Answer 16

Gillick test is the test for <16yo to provide that the children reach sufficient understanding and intelligence to be able to make up his own mind

Question 17

How if the child failed gillick

Answer 17

Parent consent is then needed, but the right of parents to consent to the treatment must be providing the best interest to the children

Question 18

What situation consent from neither children nor parents is needed?

Answer 18

In emergency situation, under principle of necessity, treatment ca be given without consent

Question 19

Court or parents had the power to consent the treatment despite minor refusing the treatment

Competent can refuse treatment according to the ethic principle of Autonomy

Question 20

Advance directive ?

Answer 20

A written statement of a person’s wishes regarding medical treatment made
1. To ensure those wishes are carried out

Question 21

2 important patient record

Answer 21

Incident report

Medical record

Question 22

What are the importance if protecting patient privacy?

Answer 22

Ensure privacy would allow more effective communication and trust between healthcare professionals and patients

Question 23

Confidential

If personal medical information is given by a patient to a doctor, a duty of confidence arise in favour of patient. The doctor mist keep the patient’s information secret.

Exceptions to the duty of confidence.
1. Consent to the disclosure by the patient
2. Report causes of death
3. Informing authority of the for spread of infectious disease

Question 24

What law protect Patient privacy

Bill of rights ordinance cap.383

Personal Data (privacy) ordinance cap 486

Patient can request for hand written copy

Question 25

Tort of negligence Neighbour principle: We have our duty to care our neighbour 1. The defendant owed duty of care 2. Breached duty of care 3 breach of duty caused damage to the claiment Breach: not meeting the standard of reasonable man Standard of care 1. Expert witness 2. Professional standard of practice 3. Employer policy and procedure directive

Question 26

Judging breach of duty :but for test exmaine if the defendant’s action a material cause the plaintiff harm Contributory negligence- 共同過失 Both plaintiff and defendant share responsibility for the damage Vicarious negligence- 替代損失 Employer is liable to employee’s tort 1. Plaintiff had to show the tort is committed by employee 2. The plaintiff had to show in the course of employment

Question 27

4 main functions of nursing council 1. Be responsible for the registration or enrolment of any person or who desire of registration and enrolment. 2. To recognise courses of nursing training for the purpose of registration and enrolment 3. To determined standard of licensing examinations for all branches of nursing To exercise the regulatory and disciplinary power for the profession.

Question 28

5 situation nurses subject to disciplinary proceed from NRO

Answer 28

1. Been convicted of any punishment of imprisonment 2. Guilty of unprofessional conduct 3. Obtain registration / enrolment by fraud 4. Not qualified as r / e when being r / e 5. Violated any prohibition imposed under section 25(1)

Question 29

Nurse dissatisfied with decision -appeal to the court if appeal within 30 days.

Question 30

Bill of Right ordinance Cap. 383 2 examples. Art.2 everyone’s life should be protected by law Art.9 everyone shall have the right to freedom of thought and religion. Art.14 privacy…

Question 31

Definition of organ transplant Source of transplantation The aims of Human Organ Transplant Ordinance What is allowed in HOTO, whats not allowed

Answer 31

Removing an organ from the donor and inplant it into another person. From live donor and dead bodies 1. To avoid organ trading 2. To restrict the transplanting between person not genetically related Allowed: 1. Organ transplant is allowed if donor and donee is genetically related 2. 3 years if marriage for organ transplantation 3. >18yo Not allowed: 1. A person make payment of the organ 2. A person receive payment for offering his organ

Question 32

Medical (therapy, education and research) ordinance 278 S2 A person can make a request his dead body be used for therapeutic, medical or educational purpose through a specific procedure.—> specific request written or orally before 2 witness. S3 Remove parts of body without request —> written consent, no objection from surviving spouse or childrens.

Question 33

2 types of euthanasia Active euthanasia Passive euthanasia

Question 34

R v cox 1992 R v adam 1957 Re C (a minor)

Answer 34

R v cox KCL injection to patient as she request to end her life Guilty to murder R v adam Morphine injection to relieve pain of patient, died, not guilty to murder as morphine is aimed to relieve pain. Re c (a minor) Premature birthed, often need ventilation —> non treatment is allowed as further treatments do not carry out the best interest.

Question 35

Human Organ Transplant Ordinance S4 Offering money for organ transplant is not allowed Receiving money for organ donation is not allowed. S5 Organ donation can proceed when donor and donee are genetically related, or married for not less than 3 years, all have to be above 18

Question 36

Prevent of Bribery ordianance

Answer 36

Healthcare workers must maintain a high level of integrity S4: it is an offense when public servant receive advantage on his official duties. 政府工做份內工作唔准收利益 S9: it is an offense when an agent receive advantage by conducting his principal affairs or business without the permission of the principal. 私人員工做份內工作不能私自收取利益

Question 37

Occupational Safety and Health ordinance

Answer 37

Provide safety and health protection to employees, both industrial and non-industrial