Medical Law Flashcards
Civil Law
Between individual in society, doesn’t involve police or crown prosecution!
Court makes decision on ‘balance of probability’
Civil law is an offence made against an individual!
Do laws of contract apply to the NHS?
No as doctor-patient relationship isn’t contractual
Only applies to private medicine!
Law of battery
intentionally touching someone without their consent
Criminal Law
Involves the crown prosecution! an offence is made against the community!
Civil laws in medicine
law of battery
law of contract
law of negligence
Statutues
A law passed by the government!
2 main forms, 1) statute or 2) Case/common law
What overrides, case law or statute law?
Statute law overrides case law
Case law
Where judges use previous cases as a guidance on how to interpret the law! decisions can be used as a guide for future references and establish Common laws.
Relationship between judges and doctors in case law
Judges inevitably need medical information, they rely on doctors hence there is criticism that medical law is too focused on doctors views.
Case law - Bolam
Causes Bolam Test - doctor isn’t guilty of negligence if acted in accordance with a practice accepted as proper by a responsbily body of medical men skilled in that particular act!
However sorry that this trusts the medical profession to dependently! Could be bias
Case law - Bolitho!
In this case experts must be able to defend their views. It isn’t enough for defendants to get experts who agree with them. Courts can also decide if the experts view is logical and reasonable! (can use NICE guidelines to help)
Judicial Review
Doesn’t look at outcomes rather just that the decision process was lawful and proper! If challenge is successful must be sent back to the original decision maker to consider the matter again!
Leslie Burke - Case Law
Ruled patients can’t demand treatment! Treatment should be beneficial and appropriate! But the law did show undue defence to the medical profession!
Debbie Purdy
Regards friends/family going with for assisted suicide!
Claimed the lack of guidance interfered with their right to a private life!
Guidance to make prosecution less likely for assisted suicide
1) Victim reached voluntary, clear, informed decision
2) Suspect motivated by compassion
3) Actions of suspect only minor
4) Suspect had sought to dissuade
5) Actions of suspect were reluctant
6) Suspect reported suicide to police & fully helps with enquiries!
