Law and Ethics

Question 1

Mature minor

Answer 1

Understands the risks and benefits
Understands the consequences and consequences of failure to treat
Take into account age, ability, experience, education, maturity and judgement
Parents cannot then override this consent
Minors cannot refuse essential treatment

Question 2

Person responsible

Answer 2

Makes decisions about an adult in regards to the personal circumstances but not financial or legal affairs
Can be a nearest relative, primary carer, spouse/partner, person appointed in writing by the patient when they were able to consent

Question 3

End of life refusal of medical treatment on the behalf of an incompetent patient

Answer 3

2 separate doctors

Can get opinion from family but final decision is by doctors

Question 4

Autonomy

Answer 4

Everyone has the right to make decisions about their own health as long as they are competent, etc.

Question 5

Justice

Answer 5

Fair and equal distribution of resources

Question 6

When you can go against confidentiality

Answer 6

Patient has consented
Information is de-identified
Information is being shared between treating health care professionals
Mandatory reporting - reportable deaths to the coroner, infectious diseases, notifiable professional conduct

Question 7

Negligence

Answer 7

There was a duty of care owed to the patient
There was breach of this duty of care
This breach caused injury to the patient
As a result of negligence, physical or mental damage was suffered

Question 8

Battery

Answer 8

Intentional contact with another person’s body without consent
Do not need to establish that harm was intended

Question 9

Consent

Answer 9

Must have capacity
Must be adequately informed
Must consent voluntarily

Question 10

Incompetence

Answer 10

Minor
Mental illness
Intellectual disability
Unconscious

Question 11

Involuntary treatment

Criteria

Answer 11

Mentally ill
Requires immediate treatment that can be obtained via an ITO
Involuntary treatment is required to protect the person’s health or safety or for public safety
The person has refused or is unable to consent to treatment
Treatment cannot be received in a less restrictive manner

Question 12

Special procedures

Answer 12

Cannot be consented for by a guardian, agent or authorised psychiatrist
Includes permanent infertility, termination of pregnancy or removal of tissue for purposes of transplantation to another person

Question 13

Confidentiality in psych

Answer 13

Doctors are able to disclose patient information to guardians, family members or primary carers of an involuntary patient, even when the patient does not consent if the information is required for the provision of ongoing care and the person who receives the information will be involved in providing that ongoing care

Question 14

Reportable death

Answer 14

Results from accident or injury
Occurs during a medical procedure or related to a medical procedure and wasn’t reasonably expected
Person in custody of Department of Justice or Police
Person immediately before the death was an involuntary patient or on a CTO
Identity is unknown

Question 15

Minors and tissues

Answer 15

Prohibited to remove non-regenerative tissue from a minor for transplantation purposes
Can transplant regenerative tissue to the child’s siblings or parent - child must understand and agree unless the sibling would otherwise likely die

Question 16

Minors and blood transfusions

Answer 16

Medical practitioner is able to transfuse a child without parental consent and regardless of parental objections if without the transfusion the child would likely die