Flashcards in Public Health Deck (192)
What is law of tort?
a civil wrong other than a breach of a contract of tract e.g. negligence, breach of confidentiality
What is negligence?
Where a duty of care existed and it was breached
What is the duty of care?
prevent harm to patients - technically only obliged to act in the hospital
What is consent?
respecting the patients autonomy otherwise it is assault, it guards against exploitation of patients and prevents battery
What is battery?
touching a patient without consent
Who has autonomy?
every adult of sane mine
Types of consent?
implied, oral, written - must be voluntary, informed and be made by someone with capacity
What does the validity of consent depend on?
on the adequacy of explanation given to the patient so they can make an informed decision
Who do you need to tell someone about treatment for consent?
how, what, risks, benefits, alternatives
When was the mental health act created?
1983 and amended in 2007
What does the mental health act mean?
provides compulsory admission, for those cases where their refusal can result in serious injury or death, otherwise competent adults have right to refuse treatment
What is the mental capacity act 2005?
for incompetent adults who lack capacity, unconscious, severe learning difficulties or lack necessary understanding that require treatment and cannot make decisions
What is capacity?
ability to understand (adults are assumed to have capacity)
What is the order of decision making?
previously expressed wishes in a living will, lasting power of attorney, court protection, decision of Dr in patients best interest
When is someone unable to make a decision?
can't understand the relevant info, retain it, weigh up all information or communicate the decision
What is used for consideration of patient's bets interest?
whether the patient could have capacity and when that might occur, the patients past and present wishes and feelings, patients beliefs and values that could influence decision, consultation with carers, family, lasting power of attorney
What is a minor?
everyone younger than 18
What is Gillik competence?
can the child understand the consequence of the decision, including the social and emotional implications , and if so they can consent, if not, parent must consent in best interest of child
What is the welfare of child ACT 1989?
increasing scope for exercise of autonomy to child as they approach the legal minor age
What is confidentiality?
respect for autonomy, hippocratic oath, duty to keep confidentiality
When can you breach confidentiality?
to another health professional, if patient consents, to a court when required by a judge, if others are in harm or if they can't drive or for statutory duty, infectious disease, births and deaths
What is compliance?
the extent to which patients behaviour coincides with the medical health and advice, assuming that patients should follow doctors orders, it is not patient focus, doctor knows best and does not look at the patients issues
What is adherence?
acknowledges the patients belief in the relationship si is more patient centered medicine
What is non adherence?
not taking prescribed medicine, stopping medicine without finishing it, can be unintentional (forgetting, unable to pay, difficulty understanding) or intentional (beliefs about the condition and treatment, preference)
What increases compliance?
What is concordance?
extension of principles of patient centered medicine, a negotiation between individuals to respect the patients agenda
Barriers to concordance?
lack of communication skills, time constraints
What is a law?
act of parliament or statues or court decisions
What is the difference between private and public law?
public = criminal and constitutional
private = law of contract, property, family law, welfare law, tort law