Law

Front 1

Give 4 purposes of law

Back 1

- To establish and define standards of acceptable behavior

- To maintain standards and punish offences

- To protect the vulnerable

- To achieve the resolution of disputes

Front 2

What are the three types of law?

Back 2

Criminal

Civil

Public

Front 3

What are the two types of civil law?

Back 3

Contract and Tort

Front 4

What does criminal law deal in?

Back 4

Public wrongs which are prosecuted by the state

Front 5

For someone to be convicted under criminal law how guilty must they be?

Back 5

Beyond all reasonable doubt.

Front 6

What does civil law deal with?

Back 6

Private disputes between individuals.

Front 7

How guilty must a person be to be convicted under civil law?

Back 7

More than 50%

Front 8

What are the two key sources of law?

Back 8

Common Law (aka Case Law)
Statute (ie acts of parliament)

Front 9

Is what is lawful and what s ethical always the same?

Back 9

No.

Front 10

What three sources mean a doctor has to respect confidentiality

Back 10

• Legal
• Professional codes of conduct
• Terms of employment

Front 11

Give four cases where it is appropriate to breach confidentiality.

Back 11

• When it is in the patient's best interests
• With the consent of the patient
• When it is required by law
• When it is in the public interest

Front 12

Name two acts which state you must breach confidentiality.

Back 12

• Public Health (Control of Disease) Act 1984
• Road Traffic Act 1988

Front 13

Give an example of where it would be in the public interest to breach the confidentiality of a patient.

Back 13

• To prevent or support detection, investigation and punishment of serious crime.
• To prevent abuse or serious harm to others.

• Where they judge that the public good that would be achieved outweighs the obligation of confidentiality.

Front 14

Are young people aged 16-17 years are presumed competent for the purposes of consent to medical treatment?

Back 14

Yes

Front 15

Does the duty of confidentiality survive a patient's death?

Back 15

Yes

Front 16

In what 2 exceptional circumstances can a patient's access to their own personal records be restricted?

Back 16

1. Where the information released may cause serious harm to the physical or mental health or condition of the patient or any other person.
2. Where access would disclose information relating to or provided by a third person.

Front 17

Who can order the disclosure of a dead patient's records?

Back 17

The coroner, and the courts

Front 18

What were the two key outcomes of Arthur (1981)?

Back 18

• The establishment that it is acceptable to prescribe 'nursing care only'.
• It also confirmed the principle that “the administration of a drug by a doctor when it is necessary to relieve pain is a proper medical practice even when the doctor knows that the drugs will themselves cause the patient’s death”

Front 19

What was the key outcome from Bodkin Adams (1957)?

Back 19

Established the principle of “Doctrine of Double Effect” – if a doctor "gave treatment to a seriously ill patient with the aim of relieving pain or distress, as a result of which that person's life was inadvertently shortened, the doctor was not guilty of murder."

Front 20

What was the key outcome from Burke (2003)?

Back 20

• Doctors are under no legal or ethical obligation to agree to a patient’s request for treatment if they consider the treatment is not in the patient’s best interests.

Front 21

What is the key significance of the Data Protection Act 1998

Back 21

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