H&S Quesmed Flashcards
(51 cards)
What is the Bolam Test?
The test used to judge the standard expected of doctors based on an ordinary standard of care from a doctor with that level of experience in those circumstances.
The Bolam Test establishes that a doctor will not be found negligent if they act with ordinary care and their actions are sanctioned by a responsible body of medical opinion.
What does the Bolam Test require for a doctor to avoid negligence?
Actions must be sanctioned by a responsible body of medical opinion.
This means that the support of just one body of opinion is sufficient, even if it is a minority opinion.
What is the Bolitho Test?
An addition to the Bolam Test requiring that the actions of a doctor be scrutinized to ensure they stand up to logical scrutiny.
This means the court can assess if the actions are logical, not just supported by a body of opinion.
What is the principle of Justice in healthcare?
The fair and equal distribution and access to healthcare resources.
Who owes a legal duty of care to patients in the NHS?
NHS Trusts and Health Authorities.
This is known as vicarious liability, meaning the Trusts, not the individual doctors, are held responsible for actions.
What are the three requirements for a successful negligence claim?
- Duty of Care: Was a duty of care owed?
- Breach of Duty: Was this duty of care breached?
- Causation: Was the harm caused by the breach?
What does capacity refer to in a medical context?
The ability to take in information, retain it, weigh risks and benefits, and communicate a decision.
What is an Advanced Decision?
A legally binding document allowing an individual to refuse specific treatment(s) in the future.
It must be valid, applicable, made when the individual had capacity, and not under duress.
What are Do Not Attempt Cardiopulmonary Resuscitation (DNACPR) decisions?
Common decisions relevant to advance care planning that guide clinicians in emergencies.
DNACPR forms can be made without patient consent if CPR is deemed likely to cause more harm.
What is an Advance Statement?
A general statement about an individual’s wishes and preferences for future care and treatment.
It is not legally binding but must be considered under the Mental Capacity Act.
What is the role of an attorney under a Lasting Power of Attorney (LPA)?
To make decisions about health and care if the individual loses capacity.
What are the two types of Lasting Power of Attorney?
- Health and welfare
- Property and financial affairs
What are Independent Mental Capacity Advocates (IMCAs)?
Individuals used when someone lacks capacity to make a specific decision and has no appropriate representative.
IMCAs ensure the Mental Capacity Act is followed.
When can doctors withhold information from patients?
If the patient consents to not knowing the information after being explained its importance.
What is active euthanasia?
Death is hastened by an act, such as administering a medication to cause death.
What is passive euthanasia?
Death is hastened by not doing something, allowing the person to die.
What is the difference between voluntary and non-voluntary euthanasia?
- Voluntary: Decision made by someone with capacity
- Non-voluntary: Decision made by another for someone who lacks capacity
What does the Suicide Act 1961 state regarding assisting suicide?
Assisting suicide is illegal.
What is the Doctrine of Double Effect?
A principle allowing treatment that has the unintended consequence of causing death if the primary intention is to alleviate suffering.
How is a risk considered significant?
- A reasonable person in the patient’s position would attach significance to it
- The doctor believes this particular patient would attach significance to it
What is the survival rate of CPR in hospital settings?
13-17%.
What is the legal duty of doctors under the Road Traffic Act 1988?
To disclose identifying patient information to the police upon request when a traffic offence has been committed.
What must doctors report under the Terrorism Act 2000?
Any suspicions of terrorism.
