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Flashcards in Law and Ethics Deck (16):

Mature minor

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


Person responsible

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


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

2 separate doctors
Can get opinion from family but final decision is by doctors



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



Fair and equal distribution of resources


When you can go against confidentiality

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



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



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



Must have capacity
Must be adequately informed
Must consent voluntarily



Mental illness
Intellectual disability


Involuntary treatment

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


Special procedures

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


Confidentiality in psych

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


Reportable death

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


Minors and tissues

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


Minors and blood transfusions

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