The Law Of Medical Nefeligence

The Law Of Medical Nefeligence
Thesis presented for the LLM by Alan Raftery The Law of medical negligence, a comparative
analysis of the issue of causation in cases of informed consent in Australia, the United Kingdom and
Ireland. Student Number: 13205410. Table of contents. Page(s) Introduction 1–3 Chapter 1: The
doctrine of informed consent Irish courts approach 4 English Courts approach 5–7 Australian courts
approach 7–8 Discussion ... Show more content on Helpwriting.net ...
While the cases involving causation in ordinary negligence cases have departed to the material
contribution etc the cases involving causation in non informed cases have taken a different direction.
The author will discuss the approaches taken by the Irish, English and Australian courts regarding
causation in non informed cases in medical negligence first. He will then proceed to discuss the
approach to causation in ordinary negligence. The author will then contrast the tow and give an
detail analysis on
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Persuasive Essay On Euthanasia
Euthanasia is sometimes referred to a "mercy killing." This controversial topic has been debated for
decades. Some argue that euthanasia causes more harm than good, and with modern medicine it is
simply unnecessary. Others argue that it is an act of mercy sparing a suffering individual from days,
weeks, or months of unnecessary pain and anguish. However, there are moral and ethical questions
surrounding euthanasia. It could be argued that killing of any kind is murder. No matter the situation
or circumstances surrounding the action, it is just wrong and should never happen. Euthanasia laws
vary all over the world. For example, "In January 1936, King George V was given a fatal dose of
morphine and cocaine to hasten his death. At the time ... Show more content on Helpwriting.net ...
Do you? Many people base their lives and health in their spirituality, making religion a key
ingredient in the decision making of patient end of life care. For example, some do not agree with
resuscitation when it comes to the heart stopping. This to them is a death–delaying action,
challenging their values and beliefs that this act is altering the course of nature. With euthanasia
doctors will feel the same tug at their ethics and values as they will be letting this patient make him
or her own choice about ending their life. I view euthanasia as being very similar to this practice. If
I chose to end my suffering months before the end it should be my choice only or those that know
my way of life. I think the same laws should apply to protect euthanasia. Is it harmful to want to go
before or once the pain and suffering has become too much?
American Medical Association says that euthanasia will ultimately cause more harm than good.
There are many reasons why the practice would be a good thing for many. This be economically the
perfect decision for most. End of life care is a very dollar process, people could put themselves deep
debt for the years following the passing of a love when they only received these services

Medical Malpractice Law
What is Medical Malpractice? There are reported cases where patients get misdiagnosed, surgical
error, carelessness or absolute negligence on the part of medical practitioners. These may result to
mental, physical or emotional injury to the patient involved. The attaining difficulty and pain can be
worrisome. You can fight for you redress through legal means if you have been aggrieved medically.
In Bronx, there are experienced medical malpractice lawyers you can rely on o get redress if you
have any medical negligence grievances. When Do You Need a Medical Malpractice Lawyer? You
need the services of medical malpractice lawyer when you are medically misdiagnosed.
Misdiagnosing your ailment can cause serious discomfort to you and your overall ... Show more
content on Helpwriting.net ...
Some surgical injuries result to permanent disability which could have been avoided. The medical
institution where the surgery took place or the individuals or individual involved should be made to
pay in case of any malpractice. There have been cases where some surgical instruments are
'forgotten' in the patients' body after the operation. This has caused some deaths, though the
statistics are not exact but if you find yourself in such or similar situation. You need a medical
malpractice attorney to fight for you in the law court. Medical malpractice advise Note that in some
cases, the medical malpractice attorney may advise you to opt for out–of–court settlement. Ask him
for his reasons and give him every understanding because he is a professional and knows what is
best for you. Trusting his judgment and advice will make him pursue your case with the vigor it
deserves till you get the appropriate monetary compensation. Consult thoroughly with a medical
malpractice attorney and discuss every details of your case with him so that he can effectively give
you the representation that will be fruitful to your compensation

The Good Death Essay
Why are we allowed to be more humane to our pets than our parents? Physician–assisted suicide is a
voluntary termination of one's own life by administration of a lethal substance with direct or indirect
assistance of a physician. Euthanasia is another term for this practice it provides a competent patient
with a prescription for the patient to use with the primary intention of ending his or her own life.
Compassion and Choices or Death with Dignity are names of supporters that promote euthanasia,
also referred to as physician–assisted suicide, and believe that it is just as humane for terminally ill
animals as it is for people. I too agree that it should be legally and morally open for choice to
anyone suffering from a terminal ... Show more content on Helpwriting.net ...
Many more psychological considerations are reviewed by a clinician such as: impulsiveness, age,
living partner, alternatives, quality of care giver, and even the characteristics of the disease.
Meanwhile activist such as The Euthanasia Prevention Coalition(www.epcc.ca) say they worry that
the practice of euthanasia would be treating people that are simply depressed and that this practice
targets people 55 years of age and older, thus placing the elder at risk. The EPCC would rather the
pain suffering terminally ill receive palliative care, with an attempt to relieve them of their pain and
maybe help their last days to be comfortable. Thus sparks my attention as to what is palliative care
and why do organizations like EPCC push it as an alternative to physician–assisted suicide? The
thought of expensive doctor's visits and round the clock nurse care, not even mentioning the
hundreds and thousands of dollars on pain medications are some of the important issues of palliative
care that is not told to the patient. Who knows what kind of motive lies behind those practicing
facilities? (Hilliard)These motives range from protecting individual patients from untested drugs
and untrained practitioners, to promoting patient autonomy and bodily integrity, to ensuring that
medicine remains a viable, independent

The Pros And Cons Of Active Euthanasia
The conventional doctrine endorsed by the American Medical Association states that passive
euthanasia (letting die) is morally permissible. However, active euthanasia (assisting patients die) is
never morally permissible because it's like killing the patient instead of letting the patient die
naturally. Active euthanasia is taking a direct action to kill a patient and on the other hand, passive
euthanasia is withholding treatments to let the patient die (letting die). Rachels (1975) disagrees
with the American Medical Association because he supports active euthanasia contrary to the
position of this body. According to Rachels, active euthanasia reduces the pain of the patients who
would otherwise die even without the injection. In other words, there are no significant differences
between letting a person die and killing a person, who will still perish in the end. Rachels refutes the
claim of the American Medical Association that does not support intentional termination of the life
of the patient or what is referred to as mercy killing. In her view, doctors only uphold their legal
mandate by not engaging in the mercy killing and ignoring their moral duty to ensure the patient die
without pain. The doctors only seek to avoid legal responsibility by letting the patient die instead of
killing the patient. Alternatively, passive euthanasia allows the patient to die naturally while the
active one requires the doctor to take action to terminate the life of the patient. As such, by

Should Euthanasia Be Legal?
Throughout many years, there are many cases that people have used euthanasia, or physician
assisted suicide. They used it with the purpose of releasing their soul and the pain that they could
not endure any longer. Euthanasia is a process provided by the medical system today that involves
active and passive euthanasia. Physician assisted suicide is spreading across the world, and people
are using it legally. In the U.S, euthanasia has been legalized in some states so people are trying to
take advantage of it. Many people have used euthanasia so they would not suffer any longer. Indeed,
while some people will argue that coercion holds a strong presence in the process, euthanasia should
be legal to give people the right to choose whether ... Show more content on Helpwriting.net ...
The society cannot push and force the patients should whether use euthanasia or not. As the result of
it, we took away their right and freedom so they couldn 't make their own decision. Likewise, a
philosopher, educator and author, Hook (2012) has the same idea that people have their own right to
choose what they should do. He says, "The responsibility for the decision, whether deemed wise or
foolish, must be with the chooser" (p.2). Even though euthanasia maybe a dangerous treatment, it is
within the patient 's right to feel empowered over their own life . Patients are in need of this
treatment in order to feel dignified at the moment of their death. The dignified choice is no one
forcing it, and to make them happy to have the ability to choose. Also, they listen and trust
themselves before making a decision of physician assisted suicide. Therefore, it all depends on the
patients who would decide whether they choose euthanasia or not. How many people will agree that
being patients is good because you don 't have to do anything except laying on the bed whole day?
Maybe a few but the rest can definitely understand the sadness and burden of being patients. When
you become a patient, you will be a burden for your family, and the people closest to you. The
feeling of being burden is painful and patients especially just want to end it. Fensterman (2004)
asserts most patients will feel that they are a physical and emotional burden to their surrounding

Medical Malpractice In Dorrity Law Office
If you've been injured as a result of medical malpractice on behalf of a healthcare professional,
securing the assistance of a dependable Jersey City law office is crucial to ensure the best possible
outcome for your case. To this end, a personal injury lawyer from Dorrity Law Office can assist you
in making sense of claims related to negligent medical treatment. This law firm has been a staple
among local clients thanks to more than 42 years of combined legal experience. Medical
malpractice often results in a variety of ill–effects. In addition to the physical ramifications of
questionable medical care, the financial costs can be especially steep for both the patient in question
as well as society at large. The following facts illustrate

Medical Malpractice Laws
"When I do good, I feel good. When I do bad, I feel bad. That's my religion". Abraham Lincoln once
said this and he said this in the sense that everyone is vulnerable to doing wrong by accident or on
purpose. Doctor is considered as great people who are able to use their skills to care for patients;
nonetheless, they can deviate from the good and become bad as well. In response to this
malpractice, laws are there to protect patients from being harmed by the practice of a doctor. Giving
the advantage of suing the doctor for malpractice creates a functioning barrier that affects the
performance of a doctor. Malpractice laws create fear in the physician that it hinders them from
performing in their maximum capacity. Although malpractice ... Show more content on
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Forth, the patient was injured. This could be physical, mental, social, or in any other way, the patient
was harmed. Lastly, the patient lost something of value, such as ability to move, walk, etc. In order
for a patient to charge a doctor for malpractice, all five of these elements must occur. There are two
key purposes for medical malpractice laws. It focuses on two groups of people, one the patient and
the other doctor. Medical malpractice laws give back compensation to the patient for any injury
caused by the mistake of the doctor and prevent doctors from practicing "negligence" (The National
Bureau of Economic Research). Malpractice law keeps the patient and doctor in a check and balance
state such that the actions of one can directly affect the life of the other. For instance, in the doctor is
not practicing according to the medical standards, the patient can use sue the doctor. The patient can
help the doctor practice medicine with sincerity.
A doctor can be sued for malpractice. In addition to that, doctors can get their medical practice
license revoked. There are different ways; a doctor can lose his or her license. First, if the physician
does not show good moral character to the public, it can affect their practice, because it would be
considered unethical. Moreover, if the patient records are not recorded accurately with falsification,
it can cause the doctor to lose his or her license. In addition to that, falsely

Medical Laws and Ethics Record Management
Type your name here
Type your name here
Before you begin, save this document to your computer. You will need to submit your answers in the
area indicated below. | The Health Insurance Portability and Accountability Act (HIPAA) is a
national law that protects a patient's rights to privacy. As a Medical Administrative Assistant, it is
important for you to understand and uphold this law to protect your patients' health information. In
this assignment, you will practice applying HIPAA regulations. Click here to download the Personal
Health Record (PHR) to answer the first three questions. | Tips for answering questions: * Read the
question more than twice, if necessary, to make sure you understand what you are asked to do. * ...
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|
(See next page for part 3) Question 3: John was involved in an automobile accident and was taken to
the Emergency Department by ambulance for treatment. The physician in the ED contacted Dr.
Moodey's office for information regarding John's health as he was unconscious and unable to give a
medical history. Dr. Moodey's office was not able to contact Holly.
According to the information on the Adult Health Information form, is there anyone other than
Holly they can contact? Who? | 10 points | Directions to complete Question 3: * Use short
responses, in complete sentences with proper grammar and spelling * Length of response should be
between 2 to 3 sentences per question. | Usually when filling out information on a health form it
gives you an option to add more than one emergency contact just in case one of them can't be
reached. In this case John listed his brother Jose Valez, as a secondary emergency contact. |
(See next page for part 4)
Question 4: under Title II HIPAA, what are the six items for "Patient's Rights"? List them below.
Created | 15 points | Directions to complete Question 4: * Use short responses, in complete
sentences with proper grammar and spelling * Length of response should be between 2 to 3
sentences per question. | #1 Answer:The Privacy Rule is to protect the public health by striking a
balance when public responsibility supports

Bronx Medical Malpractice Law
Bronx medical malpractice lawyer Ivan M. Diamond and his associates are experienced at fighting
and winning cases for the victims of medical errors. Medical malpractice, or preventable medical
errors, is the sixth leading cause of death in the United States. Hundreds of thousands of people are
killed or seriously injured annually as a result of medical, hospital, nursing or nursing home
malpractice. Types of medical malpractice include but are not limited to: birth injuries such as brain
injuries, cerebral palsy and Erb's palsy failure or delay in diagnosing cancer or other diseases
surgical errors medication errors misdiagnosis nursing home neglect. The consequences of medical
malpractice can be devastating: paralysis, brain damage, cognitive deficits, loss of limbs, organ
failure, permanent disabilities, and death are some of the outcomes. Fighting Hospitals and
Insurance Carriers Dealing with injuries and loss is physically, financially and emotionally draining
to the victim and/or his family. Insurance carriers know you are at a "low point," and unfamiliar
with the medical–legal complexities of a malpractice case, so they will take full advantage of this if
you try to settle with them directly. ... Show more content on Helpwriting.net ...
Although the vast majority of nursing homes and their employees provide exemplary care to our
senior and disabled loved ones, medical mistakes, abuse and neglect can and does happen. When
those whom we depend on to provide care to this especially fragile population abuse this trust –
whether they be doctors, nurses, nurses aides or other nursing home employees – the resulting
injuries can be especially tragic and heartbreaking. In addition, not only are the nursing home
residents themselves injured, but the residents' family, adult children and relatives are also "injured"
to the extent that their trust in the nursing home was

Health Care Reform Law Is Not A Burden On The Medical...
Fraud has many faces and can be found in almost every industry to include Health Care. In all
business aspects, there is always the ten percent that finds a way to conduct business the dishonest
way and therefore rules, regulations and laws are put into place to keep the honest businesses honest
and provide loopholes for those that are conducting business in the gray areas. In the Health Care
Reform Law which was signed into law by President Barack Obama in March of 2010, require
health care providers to return overpayments by Medicare and Medicaid. In the Act, medical health
care providers and suppliers are governed by the stipulations that require them to render repayment
from overpayments within 60 days of being identified along with a written explanation of why the
overpayment is being returned. When a strong and effective compliance program is in place the
rules and regulations of the Health Care Reform law are not a burden on the medical providers.
As research has shown, for providers and medical suppliers who submit bills for payment to
Medicare, Medicaid, manage care organization or any form of a Medicare Advantage plan will
eventually receive an overpayment of some type. (Scheininger & Samuel s, 2010). In some cases
these overpayments may in fact be the result of an honest mistake. In other cases some of these
overpayments may be intentional and the result of a health care fraud of scheme. When Medicare
and Medicaide are

Why Do Medical Professionals Violate HIPAA Laws?
In any medical office the medical professionals have to be very careful not to violate HIPAA laws.
To make sure these violations don't happen the MA needs to make sure that: 1 When pt finishes
signing in the office for appointment the MA needs to blackout the pt name. 2 Before hiving any
info over the phone the MA needs to verify the pt by having the person state full name, date of birth,
address, and last four of SS#. 3 Making sure the all documents containing pt info be secured away in
a locked closet or cabinet. Disposal of documents properly by shredding the documents. 4
Protecting the pt info by logging off the computer every time the MA is away from the computer. 5
When on the phone in the office you speak loud enough where the

Medical Malpractice Law
What is Medical Malpractice Law? Expert witnesses play a unique role in medical malpractice
lawsuits. Many of the issues debated in these cases, such as whether a surgery was performed
correctly, are too complex for juries and judges to understand on their own. Errors that qualify as
medical malpractice will typically fall into one of several categories. These include a failure or
delay in diagnosing a patient's condition, misreading X–rays, prescribing the wrong
pharmaceuticals, failing to warn a patient of the risks or side effects of a procedure, performing
services without the patient's informed consent, and making a mistake during surgery or childbirth.
When they cause harm to a patient by rendering their services in a negligent manner, medical
malpractice law governs the liability of doctors and other treatment providers. All states have their
own laws and procedures to handle these specialized personal injury cases. In general terms, a
doctor will be held liable if his or her conduct fails to meet the "standard of care" provided by other
doctors under ... Show more content on Helpwriting.net ...
Referred to as tort reform, this effort aims to pass legislation making it more difficult for injured
people to file lawsuits, and to cap the amount of damages they can recover once they win.
Proponents argue that tort reform will reduce the cost of health care, but the data is inconclusive,
and the issue remains highly contentious. The results can be catastrophic for the patient when
doctors act carelessly. It is not surprising, then, that damage awards in medical malpractice cases are
among the largest of all personal injury cases. Damages may include medical expenses, physical
pain and suffering, emotional distress, lost wages, decreases in earning potential, punitive damages,
as well as compensation for complete or partial disfigurement, death, and impairment.
Compensation for Your

Memorandum of Law
MEMORANDUM TO: John Doe FR: Patricia Oswalt DA: Monday, April 01, 2013 RE: Mary Smith
– auto accident / medical malpractice Introduction As requested, I have reviewed the facts of the
above–captioned file, along with the applicable law and summarized same in this memorandum.
Mrs. Mary Smith suffered an injury to her right ankle in an automobile accident on 10/3/95. After
surgery and months of rehabilitation, Mrs. Smith still suffers daily. I have researched the facts
regarding a personal injury action against Paul Joseph, as well as a medical malpractice action
against the medical providers. Applicable Law Personal Injury Statute of Limitation – 4 years from
the date of the incident giving rise to the action. Fla. ... Show more content on Helpwriting.net ...
In this case, the accident is the proximate cause of Mrs. Smith's injuries and the medical providers
are the intervening cause, as their breach of duty exacerbated Mrs. Smith's injury to the point of
permanent disability and disfigurement. Possible Defendants Paul Joseph, the other driver –
Florida's no fault law includes an "injury threshold" limiting law suits to claims of great bodily
injury, permanent disability or disfigurement. Statutes, however, are unclear as to exactly what
constitutes great bodily injury. It is unlikely that Paul Joseph would be named as a defendant in this
action, as Mary's PIP insurance would be the proper party. Under Florida's Civil Remedy Statute,
§624.155(1)(b), Mary's insurance company is required to act in her best interests. Should they act in
"bad faith" by failing to settle for a reasonable amount, Mary may sue for an amount which is "a
reasonably foreseeable result of a specified violation of this section by the authorized insurer and
may include an award or judgment in an amount that exceeds the policy limits." Fla. Stat.
§624.155(8) However, the statute goes on to state that "No punitive damages shall be awarded under
this section unless the acts giving rise to the violation occur with such frequency as to indicate a
general business practice and these acts are: (a) Willful, wanton, and malicious; (b) In reckless
disregard for the rights of any insured; or (c) In reckless disregard

Medical Laws for a Minor
L v P, decided by Hedley J in the High Court concerns whether a 15 year old child# (A), could be
forced to undergo DNA testing to determine the identity of her biological father without her consent.
The applicant, Mr L bought an appeal to the court against Mrs P under Section 21(3)# to settle
whether A should be required to give a DNA sample to provide evidence in respect of Mr L's
assertion that he is not her father#. A was acknowledged by Mr L as his daughter as the parties used
to be married leading her to be presumed legitimate and was listed as the father on her birth
certificate.
Despite being treated as a child of the family#, the issue of Mr L falling into an excess of £20,000 in
arrears of child support led him to issue an application# for a declaration that he was not the father
of A due to his time spent away from shore during his time serving in the Royal Navy. Mrs P had no
personal objections to the DNA testing but did not consent on account of A's objections.
The objection was upheld by Hedley J finding A to be Gillick competent. The case is important in
highlighting child's autonomy, the extent of the courts discretion and ways in which case law and
statutes can be interpreted to favour the wishes of the child, giving more weight to Gillick
competence# in areas outside of medical law.
Hedley J gave three reasons to support his decision to favour A's interests. The first was the
reasonableness of her objection. He takes into consideration whether

medical law project Essay example
Unit 8 Project Questions: Part I
1. Under HIPAA, are you legally allowed to view this patient's medical information? Why or why
not?
Under HIPAA you are not legally allowed to view a patients medical information unless you have
written consent, but because he just had outpatient surgery and signed a HIPAA release of
information form so you are able to view his information.
2. In this case, how would you be able to correct your error and provide the missing documents to
the patient while still protecting patient confidentiality under HIPAA?
I would contact the patient by phone, mail or email. What ever way he wanted to be contacted in his
file that's how I would contact the patient. I would ask him if he wanted to ... Show more content on
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Ideally, a glass enclosure should be present at the front desk in all waiting rooms to separate the
receptionist from the patients and provide an additional aid for patient confidentiality. The sign–in
sheet or patient register should be designed so those patients who are signing in or registering
cannot view other patients' names.
6. A breach of confidentiality can result in what consequences for a health care professional? The
penalties for violating HIPAA range from civil penalties of up to $100 per person per incident for
minor improper disclosures of health information, and up to $25,000 for multiple violations of the
same standard in a calendar year. Federal criminal liability for improper disclosure of information or
for obtaining information under false pretenses carries sanctions (fines) of $50,000 and one year in
prison. The liability for obtaining protected health information under false pretenses with the intent
to sell, transfer, or use the information for personal gain or for a malicious action, such as Medicare
fraud, carries penalties of $250,000 and/or up to ten years in prison. Severe penalties are in effect if
lax security allows health information to be stolen. There is also a risk of a class action suit as well
as public relations damage to the institution's or physician's image.
7. From the list of

Medical Law and Ethics Essay
Chapter 4 Review Applying Knowledge: 1. As employers, physicians have general liability in what
three areas? The Practice's Building and Grounds, Automobiles and Employee Safety. 2. According
to the reasonable person standard, a person may be charged with negligence if someone is injured
because of failure to perform an act that a reasonable person in similar circumstances would
perform, or if an act is committed that: a reasonable person would not commit. 3. To whom is duty
of care owed? Nonpatients (pg.94) 4. If a custodian sues an employing physician for ordering her to
lift a heavy bookcase ... Show more content on Helpwriting.net ...
When is the doctrine of res ipsa loqitur applied? When the mistake is so obvious that negligence is
obvious. Because the fact that a mistake was made is not debatable. 12. Explain the status of expert
witnesses in cases in which res ipsa loquitur is applied. The act of negligence must obviously be
under the defendant's control. The patient must not have contributed to the act. It must be apparent
that the patient would not have been injured if reasonable care had been used. 13. Monetary
compensation awarded by a court of law is called? Damages 14. Why might a medical assistant
purchase a professional liability insurance policy separate from the employer's policy? In order to
provide themselves with supplemental coverage in case the employers insurance policy is
insufficient. 15. A court order for an individual to appear in court is called a(n) _subpoena_, and an
order for bringing certain records is called a _subpoena duces tecum_ and an order to appear in
court to defend yourself is a _summons_. 16. What is the difference between a deposition and an
interrogatory? A deposition is when a lawyer questions the witnesses aloud and under oath. An
interrogatory are when the questions are wrote out and answered on paper, still under oath. In some
cases, the depositions can also be presented in written format. 17. Define the two types of
depositions that might be taken prior to a medical malpractice lawsuit. Witnesses and Plaintiff's

Medical Malpractice Law Firm
What is a medical malpractice law firm?
A New York medical malpractice law firm is one in which its lawyers focus on the needs of clients
who have experienced injury, illness, or death due to wrongful action or inaction at the hands of the
medical practitioners to whom they have entrusted their care.
The majority of practitioners prove their competence every day, working diligently and ethically in
the care of their patients. Even so Doctors continue to harm patients through malpractice. That small
percentage adds up to enough negligence cases that we and other law firms have made medical
practice litigation a primary focal point.
How does a medical malpractice lawyer build a case?
Medical malpractice is a departure and deviation from

The Conjoined Twins Jodie and Mary Essay
The Conjoined Twins Jodie and Mary
The moral and legal case of the conjoined twins Mary and Jodie has set the nation off in a frenzy of
debating on whether or not the twins should be separated. In doing so, it has been revealed that only
Jodie has a chance of surviving the operation, meaning the operation is virtually an act of murder in
order to save Jodie's life. It has also been made known that if both twins are left to let fate take its
course, they will be dead within six months. The almost impossible moral decision of whether or not
Mary's life should be sacrificed in order to save Jodie's lies in the hands of the three Lords Justices
of Appeal. The question remains; should judges be given ... Show more content on Helpwriting.net
...
So shouldn't this mean that proceeding with the operation is even more ridiculous if it is in fact
without the consent of Mary, even though she is a baby of six weeks old? One now assumes that the
next people to ask for permission to kill Mary, if not Mary herself, are her parents; the people who
gave life to their daughter. It strikes me as blatantly obvious that the parents should be the ones to
decide the twins' fate, not a judge who has no emotional connection with the twins whatsoever. It is
easy enough for a judge to say 'Go ahead with the operation,' but it is not that judge that will have to
face the consequences of the years to come after the proposed operation; it is the parents.
The prospect that the parents face does not paint a pretty picture. There is a high chance that
(providing the operation is successful), Jodie will be left seriously disabled, perhaps not even being
able to communicate freely like anyone else. If this is the case, as well as the parents being put
through an ordeal worse than one can imagine, the child could very well be better off dead as many
disabled people would be. So in addition to the moral dilemma of whether or not it is right to allow
the operation, there is also the point that maybe the twins should be just left to die as with Jodie
being alive and disabled she could very well be better off dead. If Jody

The Pros And Cons Of Active Euthanasia
The American Medical Association states that passive euthanasia (letting die) is morally
permissible. However, active euthanasia (assisting patients die) is never morally permissible
because it's like killing the patient instead of letting the patient die naturally. Active euthanasia, is
taking a direct action to kill a patient and on the other hand, passive euthanasia, is withholding
treatments to let the patient die (letting die). Rachels (1975) disagrees with the American Medical
Association because he supports active euthanasia contrary to the position of this body. According
to Rachels, active euthanasia reduces the pain of the patients who would otherwise die even without
the injection. In other words, there are no significant differences between letting a person die and
killing a person, who will still perish in the end. Rachels refutes the claim of the American Medical
Association that does not support intentional termination of the life of the patient or what is referred
to as mercy killing. In her view, doctors only uphold their legal mandate by not engaging in the
mercy killing and ignoring their moral duty to ensure the patient die without pain. The doctors only
seek to avoid legal responsibility by letting the patient die instead of killing the patient.
Alternatively, passive euthanasia allows the patient to die naturally while the active one requires the
doctor to take action to terminate the life of the patient. As such, by allowing the patient to die, the

Medical Negligence Law
FIND ATTORNEYS WHO SPECIALISE IN MEDICO–LEGAL SERVICES The medico–legal
community has experienced a rise in medical negligence claims in the past six years, as patients are
becoming more aware of their rights regarding health care and medical treatment. South Africa has
struggled with medical negligence law in the past as there were inefficient procedures for patients to
make such claims. However, attorneys in South Africa are bringing experience and professional
legal services to the table to help the public receive justice and compensation after suffering from
medical negligence. Professional attorneys in South Africa Such attorneys can be found at Paul du
Plessis Attorneys. We have over 20 years of experience and specialise in medico–legal

Medical law
The recent case of Katie Thorpe who is 15, whose mother Alison Thorpe trusts that she should be
granted a hysterectomy, as she has severe cerebral palsy and the mental capacity of an eighteen–
month–old child. This has stirred the discussion over who should decide the sterilisation of mentally
incompetent adults should be. Katie's mother claims that a hysterectomy is in the best interests of
Katie because she merely would not manage to handle the 'aching, distress and embarrassment'
encompassed in menstruation. There are many cases in relation to this issue, however there is no
instruction for when a parent is allowed to make that choice. The decision to sterilise a patient,
particularly someone with healthy procreative organs who is ... Show more content on
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She was starting to live alone and had a partner; with whom it was dreaded she was expected to
instigate a sexual relationship. Consequently, Z's mother contended that it was in her best interests
to have a hysterectomy. The solicitor disputed that in place of a hysterectomy it would be better to
go for a contraceptive method. The Court believed that it was in the patient's best interests to
implement a sterilisation as menstruation caused her nothing but agony, distress and humiliation,
together with the likelihood of pregnancy and the subsequent difficulties of managing with a child
or giving it up. The Court consequently evaluates all the evidence in all the cases individually before
determining what is the suitable action to take in respect of each patient. Katie Thorpe's case differs
from these examples as her mother desires to perform preventive sterilisation, before she goes
through menstruation at all. Preceding cases have all been grounded on a situation where the patient
can be shown to be unable to cope with menstruation. In my opinion, the statement made by
Heilbron J [in Re D] is somewhat correct in different circumstances. I believe that if the girl or
woman was incompetent then she would not be able to make her own decision therefore the doctors
or her parents would have to make it for her. If the patient was competent, I would agree that it
would be a violation of her rights to sterilise her for non–therapeutic reasons. WORD

Medical Malpractice: David Kaiser Law
David Kaiser Law – Medical Malpractice – Misdiagnosis
Patients put a lot of trust in their doctors and physicians. We believe that they are trained to diagnose
properly. They are scientists who base their predictions on chemical and physical evidence and with
years of school and training arrive at a conclusion. However, they are human and can make
mistakes. Almost 20% of patients are misdiagnosed. Some are simple and innocuous while others
can be life–threatening. The typical behavior for a trained physician who is not sure of their answer
is to resist the quick diagnosis and recommend the patient to a specialist or another doctor for a
second opinion. Misdiagnosis can lead to incorrect treatments and unneeded surgeries, all the while,
putting the patient at risk and missing the opportunity to treat the real disease while allowing the
condition to worsen.
If you have been misdiagnosed and suffered injuries as a result of that diagnoses, then you need to
take your claim to a skilled attorney who specializes in medical malpractice claims. The steps to
take in proving the doctor misdiagnosed with neglect for proper care include a thorough review of
all the appointments and the doctor's records. There must be evidence that the physician diagnosed
in haste, overlooked specific evidence to the contrary, or failed to ... Show more content on
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Unfortunately, many of misdiagnosis victims suffer lifelong injuries such as the loss of one of the
senses, brain damage, and death. If the doctor failed to acknowledge a tumor that could have saved
the patient's life but the duration of time where it went overlooked caused the tumor to metastasis
into terminal cancer then this enters the territory of a wrongful death claim. A skilled attorney who
represents you and your interest can discover the root of the problem as well as communicate on
your behalf with the negligent parties and their

Essay on The Pros and Cons of Euthanasia
Euthanasia, good or bad? In this following article I will be exploring euthanasia in more detail, the
different Christian points of view, the strengths and weaknesses of the euthanasia argument and
finally my point of view on euthanasia and why I believe this. First of all, what is euthanasia? It is
something that not many people think about until they or a friend or family member is put in a
position where they might actually have to consider it. Euthanasia, in the dictionary, simply is: the
action of ending someone's life in a painless way. It seems pretty simple but in reality it is a lot more
complicated, not only for the people involved but for the society in general as well. Overall there are
four different types of ... Show more content on Helpwriting.net ...
One of the most important pieces of scripture a Christian follows is the 10 commandments and one,
and in my opinion the most important, commandment is "Do not commit murder." (Exodus 20:13)
This raises the question, is euthanasia murder? and in many Christian's view is that if a life is taken
away earlier than God planed then it is murder and therefore many Christian's point of view on
euthanasia is that it is wrong. Another quotation that supports what I believe is the general view of
many Christians around the world is the idea that God has already planned out our life and knows
when the right time to die is. This is shown in the bible saying "He set the time for birth, and the
time for death." (Ecclesiastes 3:2) and again here: "your days allotted to me, had all been recorded
in your book, before any of them began." (Psalm 139:16) Both these quotations show, according to
the bible, that God has already planned out our life–from the time that we are born to the time of our
death. The last Christian point of view is also shown through the bible saying "You created every
part of me, you put me together in my mother's womb." (Psalms 139:13) This quotation is saying
that God created everything about us and not only is linked with the point of view above saying that
God has already planned out our lives but is also linked with the idea that God created us and chose
when we were born so he should

Good Medical Practice Professionalism, Ethics And Law
Good Medical Practice Professionalism, Ethics and Law [society trusts doctors to give these
certificates as professionals – truthfully and objectively according to the best judgement of matters
within their knowledge and expertise.] it further adds that records need to provide any relavent
information concerning the patient's medial history. Medical certificates may be requested by [for a
variety of reasons including by employers, insurers, court proceedings]. For example, work
certificate may be required to indicate whether the individual is too ill to work but can also act to
protect other workers if the condition is a [risk to others] (p15 of certificates pdf). [the duality of the
importance in accuracy of medical certificates: to communicate the correct information so that
decisions can be made in the best interests of the individual and public]. [the motor vehicle branch
depends on the certificates as means to assess AB's medical fitness to drive based on published
medical standards (pg6 of guidelines) it communicates the pyscian's advice to the licence authority
with reagards of the patient's suitability to drive] [this may especially be important if the patient has
not consented to their information being reported to the DLA]. ... Show more content on
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Andrews on 12 July 2005 states that Dr. Andrews "determined AB did not have a medical condition,
but was medically fit to drive...'contingent upon authorisation by neurologists.'" As emphasized
above, the accuracy and clarity of certificates are vital in communication with recipient bodies – in
this case the DLA. The issue of any licence arguable may construe to Queensland Transport that
medical opinion favors AB's request of permission to drive. This is further supported by the
statement that Andrew's determined AB was "medically fit to

Suppose something happens that it was within your power to...
Suppose something happens that it was within your power to prevent? If you didn't have malicious
intent, was it still you fault? Does letting someone die when you know you had the capability of
saving them in turn make you a murderer? All of these are questions that philosophical thinkers
have tried to answer for centuries. The Doctrine of Acts and Omissions holds that it is morally
worse to commit an act that brings about a bad event than it would be merely to allow the event to
take place by not doing anything to prevent its occurrence. In essence, there is an intrinsic moral
difference between acting and the failure to act. In some ways, we bear more responsibility for what
comes about as a result of our doing something than for what ... Show more content on
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However, and important note is that even though motives are the same, they are extrinsic difference
where the Doctrine speaks about intrinsic differences. Thus, active and passive euthanasia are
morally equivalent and it is not worse to preform active rather than passive euthanasia. Suppose I
want my baby nephew to die and I enter his bathroom with the intent of killing him. In scenario one,
I consciously and intentionally hold his head under the water until he drowns to death. In the second
scenario I walk in on him accidently slip and hit his head on the bathtub. He then goes unconscious
and drowns under water. I watch as this happens, but I don't make the small effort of picking up his
head from under the water. These two actions may seem like they aren't as morally taxing but since
the intentions were the same from the get go, they are in fact morally equivalent and just as bad. In
this case, the act of killing and the allowing the killing to occur are the same. A pragmatic example
of this argument that may help convince you on why acting and failing to act are morally equivalent
is in the world of dating. If someone is in a relationship with another person and wants to cheat, is
the act of pursuing someone and sleeping with them is same as allowing one to seduce you and you
stopping the act from occurring? The motives are the same in this case, and even if the motives were
different, they are extrinsic

A Report on Medical History, Law, Prostitution, and Public...
Medical History Law, Prostitution and Public Health John Scott, in his paper, "Prostitution and
public health in New South Wales" accurately describes the way that prostitutes are seen in this
particular region and in the rest of the world. "Prostitutes working in public spaces have been
presented as sexual agents willfully engaged in criminal conduct and the spread of contagion"
(2003). This is clearly a more or less universal opinion of prostitutes and prostitution. However, as
Scott points out, in New South Wales, "They [prostitutes] have been made subject to strategic
interventions that have attempted to normalize prostitution and render the prostitute a hygienic
subject" (2003). While no such attempts have been overtly made in a widespread manner throughout
the United States, similar efforts have been made elsewhere in order to protect the health of general
public and promote the overall good. Those who wish to consume the services of prostitution will
ultimately continue to do so, regardless of whether or not it is legal or illegal. At the very least steps
should be taken to make the act of indulging in such things a more sanitary act, comparable to clean
needle exchange programs for intravenous drug users. "The breadth of interventions justified by the
interests of public health demonstrates that the relationship between public health and prostitution is
far deeper than the use of population statistics and outbreak investigations to curb the spread of
disease"

Bioethical And Political Issues Essay
Identifying Bioethical and Political Issues
Scenario 1: You are the healthcare administrator of a nursing home. You are informed by your
Admissions Director that a new memory–impaired resident has been admitted into your long–term
care unit. The staff is concerned about the involvement of family with your resident. Family
members from out–of–town arrived and expressed concern about your resident's do not resuscitate
(DNR) orders which were authorized by the Power of Attorney of another family member. A quarrel
erupts in the nursing home with family members voicing their opinions loudly. You arrive on the
scene and are immediately told by the visiting family member, "Do you know who I am? I am a
supervisor for the Department of Health and Human Services and will not hesitate to have your
facility surveyed for noncompliance." What do you do?
Any situation that erupts which can disturb the other residents is something that must be diffused
immediately, as a healthcare administrator I would have to address this state of affairs with empathy
and genuine concern for the opinions of the family members not in agreement with the do not
resuscitate (DNR) order. First, I would ask that we move to a private location where we could speak
and if voices are elevated it would not interfere with the day to day operation of the nursing home.
Second, I would ask to see the Power of Attorney if it is available to speak to the legality of the
document. Provided that, all the previous terms set in place are up to par, I would directly talk about
the statement made about the family member making me aware of her position with the Department
of Health and Human Services. Moreover, going through the document to point out the date signed,
to make note if the new resident signed it before here memory was too far gone and if the Power of
Attorney would not be substantial. Then I'd call attention to the difference between a Power of
Attorney and Durable Power of Attorney. Grammarly states, "The biggest difference is in when the
power ends. A general power of attorney ends when a person becomes mentally incapable because
of sickness or injury to handle his or her own affairs... To get a durable power of attorney, you must
show in the

Children and Young People Legal Essay
Children and Young people Traditionally the legal the legal age of adulthood was 21 but in the past
20–30 years most jurisdictions have lowered this age to 18. Article 1 of the Convention on the rights
of the child (CROC) states that anyone under the age of 18 is child. Also the Children and young
person's (care and protection) Act 1998 (NSW) defines a 'young person as someone aged between
16–18. These definitions are important because laws treat children and young people differently to
adults. Before the late 19th century children committing criminal acts were treated in the same way
as adult offenders. The concept of an age before which a person could not be held criminally
responsible –doli incapax – did not exist, and children as ... Show more content on Helpwriting.net
...
Another legal mechanism is the children's court. Across NSW there are 13 children's magistrates
siting in seven specialists children's court there also five children's registrar appointed under the
children's court Act 1998(NSW) to assist in administration of matters before the court. Trade unions
are organisations of workers who act together to maintain their rights to good working condition.
The Australian council of trade unions (ACTU) provides information about pay and conditions,
health and safety issues, apprentice– ships and training and negotiating employment contracts for
young people entering the workforce for the first time. Trade unions are a Non–Legal mechanism
for protecting rights of children and young people. The kids Helpline are just one of the many
organisations from which children and young people in crisis can seek advice. It is a non–legal
mechanism just like trade unions. It offers 24hr free telephone and online counselling. If children
and young people come into contact with the criminal justice system, it usually through interaction
with a police officer when being arrested or questions about some matter. Seventy eight per cent of
the 843 children and young people surveyed said that the police rarely treated young people with
sufficient respect. It could be argued that children and young people l on the whole do not have
good relationship with the police. Young

When should Life End?
The question for me is the reality of quality of life, and is it worth living. Which leads to a quandary
of whom is qualified to make such decisions and will it lead down a "slippery slope" as it opponents
state? I can understand the validity of both sides, one is that life ends when the brain is dead and
cognitive thought process is not present. The other is that all life is sacred and whom are we do
define life, if someone is breathing they are alive and to open this door to withhold substance will
only lead to next determining which lives are worth more than others and eventually a selection of
life and death in cases of anything from blindness to mental impairment.
Currently, this debate is going on in my own family as my grandmother suffers from severe
Alzheimer's. A once vibrant, dominant opinionated nurse my 89 year old grandmother cognitive
thought process is very damaged. She is confused, angry, scared and often physically combative.
She is also incontinent and requires 24/7 management for her own safety and those around her. She
has been outfitted with a pacemaker and is given about seven medications to stabilize her blood
pressure and sugar. Though my parents have caregivers in the home a great deal of my
grandmothers care falls to my father. This has caused his health to deteriorate and the quality of his
own life to be greatly diminished.
My father has told our family he is no longer willing to care for my grandmother, as it has affected
his job

Medical Law: The Necessity of a Patient's Consent
Medical law essay on consent Introduction Patient informed consent refers to the situation where the
patient is fully informed on the consequences of their health care decision after which the patient
gives the decision. For there to be informed consent, there are five elements that must be discussed.
The first is the nature of the patient's decision then the applicable alternatives to the proposed
intervention. Third are the risks, benefits and uncertainties associated with each of the alternatives.
Fourth is the assessment of the patient's understanding and last is the acceptance of the intervention
or an alternative by the patient. Before the patient's consent is considered to be valid, the patient's
competency to make the decision must be addressed. The criteria for evaluating the patient's
competency is clearly stated in section 3 of the 2005 Mental Capacity Act which states that provided
the person is able to understand, retain and use information provided and to communicate their
decision in any way such as talking or sign language, they are competent to make a decision. If a
patient is treated against their refusal to consent, it amounts to the tort of battery or can also be
considered the crime of assault. In addition to this, laws that touch on human rights reinforce the
importance of the protection of the physical integrity of the individual in terms of their right to
respect of their private life. Therefore, refusal of medical treatment is a human right.

Abortion (Medical Law and Ethics
Medical Law and Ethics Project Ethical Question: Should abortion be abolished? Is abortion
murder? Should rape be considered a reason for a young woman to get an abortion? Ethical
Scenario 1: A beautiful 20 year old female having the time of her life, maybe going crazy having
unprotected sex while whoever and not caring or even thinking of her consequences. A few weeks
go by and the female ends up pregnant and automatically she decides to have an abortion because
she don't know the father or can't afford the child or just plainly doesn't want children. Does she
have the constitutional right to an abortion? Ethical Scenario 2: Across town another beautiful 20
year old just left her 2nd shift job at the local diner and is walking ... Show more content on
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There are still possibilities of infertility in the mother caused by doctor error or genetic
predispositions, psychological damage, an even smaller possibility of death that come from getting
abortions. There are many other options than to resort to abortion. Adoption, the use preemptive
birth control, like condoms, pills, I.U.D.'s, and spermicides. 3. How does it make me feel? I was
raised Christian, where it is considered a sin to abort a child in the eyes of God. For ethical scenario
2, her consequences are very disappointing and difficult but also very understandable. Anyone could
see clearly that this child would be a reminder of her tragic situation. As for ethical scenario 1, that
young lady was just completely being irresponsible and now does not want to handle the true life
responsibilities that came along with her irresponsible decisions and lifestyle. In both cases, I must
stay dormant due to the fact that I feel that gift of God should not in any form pay the consequences
of decisions way beyond that child's control, there is always another option. That child was given
the miracle of life and once that gift is given, that child deserves to see life

Medical Marijuana Laws and their Effects
Medical Marijuana Laws and their Effects Keith Reese COM/156 7/23/2014 Jennifer Preus Medical
Marijuana Laws and their Effects In 1936, George Herliman produced the propaganda film "Tell
Your Children", later titled "Reefer Madness"("IMBD", 1990–2014). This film, financed by a
church group to display the exaggerated consequences of marijuana usage, was intended to inspire
fear in parents and children alike. Though marijuana legalization has become a front burner topic,
one would assume that our technological advances would invoke more rational responses from the
general public seeking facts to support claims. However, the same type of fear induced media
messages are employed today by anti–marijuana ... Show more content on Helpwriting.net ...
NORML 's website states that their mission "is to move public opinion sufficiently to legalize the
responsible use of marijuana by adults, and to serve as an advocate for consumers to assure they
have access to high quality marijuana that is safe, convenient, and affordable." (NORML, 2014).
NORML claims that their support of marijuana legalization is the result of the cost of marijuana
prohibition enforcement to the taxpayers and the more than 740,000 arrests per year for marijuana
related offenses.(NORML, 2014). Pro– marijuana activist, Brittney Guest of Oklahoma City, has a
similar reason for maintaining support. Guest stated, "The prohibition itself is what 's creating all of
these crimes and all of these inhumane things that are happening to people." Guest continued,
"Families are being torn apart by these aggressive marijuana laws that are on the books." (Murphy,
February 12, 2014). Statements like this one contradict the claims of the opposition that marijuana
legalization is in the public 's best interest. The movement to end marijuana prohibition has found
supporters from all walks of life, but some are more unlikely than others. One such supporter has
been Pennsylvania State Senator, Daylin Leach. Leach has been outspoken about his support for the
movement to legalize

A Brief Look at Euthanasia
Euthanasia is the action of terminating the life of a suffering human, with the assistance of a
qualified doctor. It ends the life of someone whose quality of life is low, or involves an extreme
amount of pain. Therefore euthanasia is halting the suffering in a humane, dignified way. Death is a
very private matter and is something dealt with differently among all people. Many aspects go into
making a final decision such as finances, morals, religion, law, and family. These aspects can be
used as a pro, but as a con also. Overall, euthanasia should be legal and ultimately be the decision of
the patient whether to consent to this action because it is the right of every human to decide for
themself whether to die peacefully or live potentially suffering.
There are two types of methods to euthanasia, voluntary and involuntary. Voluntary is classified as
painlessly ending an individual's life. What classifies a person as being an acceptable candidate for
voluntary euthanasia? There are, generally, five criteria that a patient should meet to be considered.
These five include having a terminal illness, experiencing intolerable pain as a result of the illness,
has competently expressed a wish to voluntarily die, could not possibly benefit from the discovery
of a cure during their expected time left to live, and could not commit suicide without assistance.
When a person meets all five areas it would then include a physician review of their case, patient
consent, and the action of

Massachusetts Medical Marijuana Law Case Study
Brief description of Massachusetts' medical marijuana law
The voters of Massachusetts through a referendum, legalized medical marijuana. This referendum
made Massachusetts become the 18th state to legalize medical marijuana in the country(Marijuana
Passes). The law was placed into effect on January 1, 2013, and the Massachusetts Department of
Public Health had 120 days to issue regulations for the law (May 1, 2013). Under the medical
marijuana law, a patient must be diagnosed as having a debilitating medical condition by a licensed
physician in order to obtain and use medical marijuana. The Department of Public Health provides a
registration card to the patients that are qualified to use medical marijuana (Marijuana Passes).
Other important ... Show more content on Helpwriting.net ...
There needs to be a different approach to see where there needs to be changes in the law. Maybe, the
Commonwealth could start off by having dispensaries in only small population counties and moving
on to larger population counties. The Commonwealth can ultimately adjust any issues and prevent
those issues in large population neighborhoods. Additionally, there needs to be clear laws on using
medical marijuana in public, while using a vehicle, and who can and cannot be a caregiver. Another
important aspect to bring up is the security of the dispensaries and the security of the patients who
will be recieving the medical

Persuasive Essay On Euthanasia
A young, vibrant, teenage girl at the age of fourteen becomes diagnosed with terminal cancer. After
enduring four years of countless chemotherapy treatments and surgeries, maintaining a steady and
healthy diet, and missing her teenage years due to her illness, the girl remains forlorn in the hospital.
Physicians and nurses do all that they can to assist the poor girl to help her deficient, substandard
state but with no avail. Her family mourns; crushed, heartbroken, devastated. They remember her as
their loving care–free daughter, a caring sister, a loyal friend. Their beloved daughter is losing her
positive touch and the decision to cut off the support lies in the hands of the eighteen year old girl,
her family, and the physicians. This raises the questions: How soon is too soon to die? Are there
other options beyond assisted suicide? And, What is the young girl's overall fate?
Euthanasia, otherwise known as physician–assisted suicide, is defined in the MedicineNet online
medical dictionary as the voluntary termination of one's own life by administration of a lethal
substance with the direct or indirect assistance of a physician (MedicineNet). The act of euthanasia
is a prevalent, modern issue that has been a highly debated and controversial topic throughout
societies worldwide. For generations, the conversation of assisted suicide remains a contemporary
and modern dilemma becoming increasingly speculated due to constantly evolving medicinal
practices and procedures further

Medical Law Coursework
Medical Law Coursework Name Institution Date Medical Law Coursework It is undisputable that
insufficient available organs to meet the demand of those on the organ donor waiting list have been
on the increase. If the government of the United Kingdom does not imaginably attempt to address
the problem, many more patients will die waiting for the available organs. Many approaches can be
used to access and maximize organ donation to the government of the United Kingdom and the
world as a whole. Organ transplant is a self–motivated issue that should be considered under every
trend of growth and development in the medical sector. In order to access more organ donations to
alleviate the looming problems, many humanitarian activities and approaches should be put under
immense consideration. Voluntary selection Organ transplant is a volunteer activity that comes from
people who have the will to have their organs donated for further assistance to people in need. There
are many volunteer activities in the global. Further agencies and human movements have always
advocated for organ transplant willingness from the public. In order to access these humanitarian
activities, the govern of the United Kingdom should solicit for more humanitarian movements that
seek to educate people on the importance of donating organs for use in hospitals. The government
must increase spending in sensitizing the human societies to reveal ways of challenging for further
donations from the public

Essay on Medical Law and Bioethics Unit 4 Project
The purpose of an advance directive is to have a written statement stating the type and amount of
care a person wishes to receive during a terminal illness. (Medical Law and Ethics, 2008, pp. 102)
An advance directive is a very important part of life once you have been diagnosed with a terminal
illness, or even if you are getting older and doubt the degree to which you will be taken care of.
Three types of advance directives are living wills, a durable power of attorney, and a do not
resuscitate (DNR). A Living will is a document that you draft before becoming too incompetent to
make your own medical decisions. A Durable power of attorney is a legal document that empowers
another person to make healthcare decisions regarding your ... Show more content on
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I would have to also be the one to transfer his charts to the oncologist that he is being referred to.
Once the oncologist has the charts, he can speak to them and make it known that he does not want
the treatment. If the surgery was performed without consent from the patient, he could in turn sue
the physician for assault. The physician, knowing that the patient did not want any kind of
treatment, procedure, etc., to "cure" him of this cancer could be sued for assault for doing so
anyway. The patient wrote out a living will once he found out about his illness, and requested it to
be put into his file, so there is no way that the physician could say that he didn't know. If the surgery
were performed, it would be an intentional tort. The physician would have intentionally gone
against the word of the patient and did what he wanted to do. This could be a civil lawsuit. Again,
the physician did not follow what the patient had put into writing. He also told someone of his
wishes regarding the treatment. Therefore, this would be a civil suit because the physician broke the
law by not abiding by the patients' wishes. I reside in the state of Michigan. According to the
information I found regarding statutes and limitations regarding a lawsuit, the suit must be filed
between 6 months to 2 years of when the plaintiff discovers what has happened. If it is a minor that
the act happened to, the

Ethics in Medicine : the Relationship Between Law and...
The essay will discuss the ETHICS IN MEDICINE : The Relationship Between Law and Medical
Ethics:
Dispute and Legal Issues:
A 32 year old woman was admitted to the Trauma Intensive Care Unit following a motor vehicle
accident; she had multiple injuries and fractures, with several complications which continued to
develop over the first couple of weeks. The patient rapidly developed Adult Respiratory Distress
Syndrome, was on a ventilator, and was continuously sedated. Shortly after the patient's admission,
her parents were contacted and remained vigilant at her bedside. The parents reported that the
patient was one month away from having her divorce finalized. The patient's husband was
reportedly physically and emotionally abusive to her ... Show more content on Helpwriting.net ...
With the husband thus removed as her surrogate decision–maker, it appears the patient's parents
would become the highest level class of surrogate decision–maker and could provide informed
consent for her care if the patient is unable to do so.
Even if the patient's husband remains as her legal surrogate decision–maker, his decisions on the
patient's behalf are constrained by legally imposed standards. First, a surrogate is legally required to
provide "substituted judgment" on behalf of the patient. This means that the surrogate must act in
accordance with the patient's wishes. If substituted judgment isn't possible (i.e., unknown what the
patient would want under the current medical circumstances), then the law requires the surrogate to
act in the patient's "best interests." Since the medical team has significant input about what would
medically be in the patient's interest, a decision by a surrogate which doesn't adhere to this standard
should not be automatically followed and may need to be reviewed by the institutional ethics
committee, risk management, or legal counsel.
The patient's husband may be willing to waive his surrogate decision–maker role to his estranged
wife. If this occurs, then he would agree to remove himself from the list of potential surrogate
decision–makers and the next highest

The Law Of Medical Nefeligence

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