Medical Jurisprudence (juris= law, prudentia= knowledge) deals with the legal responsibilities of the physician with particular reference to those arising from physician-patient relationship; such as Rights and duties of doctors, Medical Negligence cases, Consent, Professional Misconduct, Medical Ethics, etc. In brief, it implies the legal aspects of practice of medicine.
PROFESSIONAL PRIVILEGES OF REGISTERED MEDICAL PRACTITIONERS:-
(1) Right to practice medicine. (2) Right to choose a patient. (3) Right to dispense medicines. (4) Right to possess and supply dangerous drugs to his patients. (5) Right to add title, descriptions, etc. to the name. (6) Right to recovery of fees. (7) Right for appointment to public and local hospitals. (8) Right
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2) Oral consent should be obtained in the presence of a neutral third party, like hospital staff or nursing …show more content…
4) Express consent is required for any procedure, which is performed beyond routine physical examination. It must be taken before the act is performed, but never at the time of admission into the hospital.
5) The doctor should explain the objective and purpose of the examination to the patient, and the patient should be informed that the findings will be included in a medical report.
6) The consent should be clear, intelligent, free, voluntary, informed, direct and personal. There should be no fraud, misinterpretation of facts, any undue pursuance or influence, threat of physical injury, compulsion, death or any other consequences.
7) A person above 18 years of age can give valid consent to suffer any harm, which may result from an act not intended or not known to cause death or grievous hurt (Sec.87,I.P.C.)
8) A child under 12 years of age and an insane person cannot give valid consent to suffer any harm which may result from an act done in good faith and for its benefit. In these case,the consent of the guardian or parent is mandatory and should be taken to avoid any legal problems, which may arise later, as per provisions of Sec.89 of the Indian Penal
The minor's parent or legal guardian will provide the written consent required in the presen...
Consent is necessary from everyone, not only those who can verbalise his or her needs. It is important to find out the persons communication needs so that they can be involved in discussions around their needs and preferences. My duty of care is to ensure that choices are given, and that appropriate support is obtained where there is lack of capacity is the decision is complex and the individual cannot consent. This may be from families or next of kin or using advocates to ensure that the client’s best interests are maintained. There may be past events or requests that could indicate the client’s preferences, and these must be considered when choices have to be made by others. Any preferences should be recorded on care plans and shared with relevant others to be able to determine the best interests of the person. Decisions should also be put off until the client is able to make their own choices where possible and not taken on their behalf through assuming we know
In the book The Right to Die by Elaine Landau a story is shared of a young boy. The kids name is Juan and he was seventeen years of age, he had a terrible tumor that had to be operated on. The first surgery he had went well, but dismally the tumor came back again. Subsequently after the first surgery Juan was weak and almost died. The doctor and parents decided that he needed another surgery, however, Juan disagreed. He wanted to live the last few months of his life without pain, he wanted to go enjoy time at school and with friends. Instead his parents forced him into surgery and sadly died three weeks after surgery. The fact of the matter is that minors have a voice too, and it needs to be understood. Exactly like the Right to Die, some want the option to use it and others do not, but as long as it is available terminally ill patients feel more welcoming to the thought of death (Landau
In America, the legal age to sign off on any medical consent is 18 years of age. Seventeen year olds should be able to compose their own medical decisions, and sign off on their own medical consents. Power should land in their hands, accompanied by the professional advice of a doctor. It is your body, be compelled to fabricate a decision without having to have your parent’s signature.
How can a child make the decision for the life of another child by themselves? In this paper I will outline the mental, physical, and safety issues of minors (age 18 and under) having an abortion and why it is so important that they need to get parental consent before making this life long decision.
Informed consent is the basis for all legal and moral aspects of a patient’s autonomy. Implied consent is when you and your physician interact in which the consent is assumed, such as in a physical exam by your doctor. Written consent is a more extensive form in which it mostly applies when there is testing or experiments involved over a period of time. The long process is making sure the patient properly understands the risk and benefits that could possible happen during and after the treatment. As a physician, he must respect the patient’s autonomy. For a patient to be an autonomous agent, he must have legitimate moral values. The patient has all the rights to his medical health and conditions that arise. When considering informed consent, the patient must be aware and should be able to give a voluntary consent for the treatment and testing without being coerced, even if coercion is very little. Being coerced into giving consent is not voluntary because others people’s opinions account for part of his decision. Prisoners and the poor population are two areas where coercion is found the most when giving consent. Terminally ill patients also give consent in hope of recovering from their illness. Although the possibilities are slim of having a successful recovery, they proceed with the research with the expectation of having a positive outcome. As stated by Raab, “informed consent process flows naturally from the ‘partnership’ between physician and patient” (Raab). Despite the fact that informed consent is supposed to educate the patients, it is now more of an avoidance of liability for physicians (Raab). Although the physician provides adequate information to his patient, how can he ensure that his patient properly ...
In conclusion as shown in the two cases discussed, consent is one of, if not the most important consideration in nursing practice. Patients have an ethical and more importantly, legal right to the choice of the care they receive. As practitioners we have the duty to ensure we are fully aware and work in line with the principles of consent to ensure best practice.
Consent is an issue of concern for all healthcare professional when coming in contact with patients either in a care environment or at their home. Consent must be given voluntary or freely, informed and the individual has the capacity to give or make decisions without fear or fraud (Mental Capacity Act, 2005 cited in NHS choice, 2010). The Mental Capacity Act perceives every adult competent unless proven otherwise as in the case of Freeman V Home Office, a prisoner who was injected by a doctor without consent because of behavioural disorder (Dimond, 2011). Consent serves as an agreement between the nurse and the patient, and allows any examination or treatment to be administered. Nevertheless, consent must be obtained in every occurrence of care as in the case of Mohr V William 1905 (Griffith and Tengrah, 2011), where a surgeon obtain consent to perform a procedure on a patient right ear. The surgeon found defect in the left ear of the patient and repaired it assuming he had obtained consent for both ear. The patient sued him and the court found the surgeon guilty of trespassing. Although there is no legal requirement that states how consent should be given, however, there are various ways a person in care of a nurse may give consent. This could be formal (written) form of consent or implied (oral or gesture) consent. An implied consent may be sufficient for taking observation or examination of patient, while written is more suitable for invasive procedure such as surgical operation (Dimond, 2011).
In Amira’s case, an issue of consent is arisen that her GP has not explained to her much about the conditions she is suffering and the medication that he prescribed. Amira was left a little confused because she did not has the chance to ask questions. For obtaining consent, it must be informed and capacity which means that Amira must be given all of the information of the treatment and they understand the information provided by the doctor and they can use it to make a decision (13). Obtaining consent will lead to enhancement of the efficiency to the treatment because Amira is happy and showing agreement to the
Autonomy is a concept found in moral, political, and bioethical reasoning. Inside these connections, it is the limit of a sound individual to make an educated, unpressured decision. Patient autonomy can conflict with clinician autonomy and, in such a clash of values, it is not obvious which should prevail. (Lantos, Matlock & Wendler, 2011). In order to gain informed consent, a patient
Second, to ensure that parental rights are enforced; minors should need parental consent to obtain an abortion (Earll). Parents are legally responsible for the well-being of their children. They are responsible for giving th...
In conclusion, obtaining informed consent is a vital part of respect for the patient and safeguarding of self-determination. The consent to participate in research or treatment should be informed, comprehensible, and free of coercion. There is not a clear black and white answer because no matter what is done to assure informed consent there is always a moment of doubt on the end of the patient as to whether what is going to take place is fully understood and their true wishes honored.
Advocates of this issue believe that minors should have the right to be in charge of their medical decisions. Dr. Eric Kodish believes that decisions made by teenagers on the older side who are able to make a righteous decision should be carried out. “I think the ethics of modern American life suggest that if people have the capacity to make a decision, they should be free to refuse treatment” (Shute 1). Advocates of minors being able to make their own medical decisions believe that if the minor shows enough maturity understanding of their desired action, then it should be respected and carried out. Dr. Eric Kodish uses what he calls “The Rule of 7s” to determine when a child should be allowed to make the decision.
I introduced myself to the patient stating that I was a student nurse and gained verbal consent to carry on with the assessment, as a student nurse you must respect patients wishes at all times, if t...
The “Patient Bill of Rights” was adopted in 1988 by the U.S. Advisory Commision on Consumer Protection and Quality in the Healthcare Industry to assure and protect patients’ rights. These rights provide the patient with