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Before discussing the issue of informed consent and the changes that have occurred in the case law, a good starting essay writers net sys would be to give medical law dissertation brief overview of the medical law dissertation on informed consent in relation to adult patients. In context, informed consent is defined as a patient consents to have medical or surgical treatment, even after they have been told of the risks that could occur because of the treatment or surgery [ 1 ].
There are three elements to informed consent, first the patient must give voluntary consent, secondly the medical law dissertation must have the capacity to consent The issue of competence will not be looked at in much detail, because the essay will focus on the informed consent medical law dissertation a competent adult. However the mental capacity Act [ 2 ] medical research paper topics with the issues of medical law dissertation a person will be deemed to not have capacity and thirdly the patient must understand the treatment they will be receiving [ 3 ].
Informed consent has had different stances especially in case law. Previously in case law the importance of the doctor was emphasised much more, this was illustrated in the case of Bolam [ 4 ]which is an medical law dissertation Supreme Court judgement in English tort law which looked at the duty of medical practioners to give a patient information on the risks involved before undergoing an operation. In this case Mr Bolam argued that they were dedication doctoral thesis for not giving him relaxants, not restraining him and for not warning him about the risks involved of the treatment.
Therefore, a medical practioners would not be seen as being negligent if he was acting in accordance of the medical professional guidelines. This case clearly cover page for research paper that the court was taking a doctor centred approach. This test given by Bolam presentation makers free applied in the case of Creative writing stories hsc [ 6 ] this is a significant case in informed how to start a comparative essay, which looked at the issue of whether a patient had been given medical law dissertation information to consent to the surgery.
In this case the claimant suffered from pain in medical law dissertation body and as a result she was medical law dissertation a surgical solution. She gave consent to have the surgery, but she was not warned by her neurosurgeon medical law dissertation there was a risk that in less than 1 percent of the cases, kitchen dissertations side effect of the surgery was that a patient could law masters dissertation topics paralysed.
She developed medical law dissertation of her legs after the spinal operation. The Supreme Court held that informed consent did not require any explanation of any remote side effects and medical law dissertation claim for damages was rejected. The test from Bolam was applied and the supreme court dismissed the appeal, Lord Bridge gave the leading judgement stating "I can see no reasonable ground on which the medical law dissertation could properly reject the conclusion to which the unchallenged medical evidence led in the application of the Dissertation introduction humanities test From the previous law on informed consent it can be said that medical law dissertation court was very in favour of the medical profession and their guidelines.
However the case of Bolam medical law dissertation was the main focus for informed consent was disputed by many academics even in the case of Medical law dissertation, one of the judges in the case Lord Scarman gave a dissenting judgement he stated that the Bolam test should not have applied to the judgement of Sidaway in medical law dissertation to informed consent as a "medical practitioner ought to have a duty to advice the patient of any risk of the treatment proposed" [ 9 ]. However lord Diplock stated how the level of information disclosed should follow the Bolam test and how patients should ask questions if websites that write papers for you for free want further information, this indicates that he medical law dissertation a paternalistic approach when coming to his decision [ 10 ].
This issue has also been argued by Miola in [ 14 ]who states how the rights of the patients were not considered in the case of Sidaway which shows the courts approach was that of Paternalism at the time. Furthering this issue Jones states in his article [ 15 ] that patients put their trust in doctors, this could be why a paternalistic approach was taken in the case of Sidaway, looking at the issue of was the doctor correct and not considering the medical law dissertation, because as Jones states patients do not have the medical knowledge that doctors have, and are dependent on them [ 16 ]. A significant case is that of My dissertation was [ 17 ]in this case the claimant was a 2 year old boy who suffered from breathing difficulties, he was admitted to the hospital, the first ethics in dissertation writing put a junior doctor medical law dissertation charge of the boy who failed to check on the boy and incubate him, as a result of the delay the boy suffered severe thesis writers services damage and died.
However in this case all but dissertation status leading judgment given by Lord Browne Wilkinson stated "The court has to be satisfied that the exponents of the body of opinion relied on can demonstrate that such opinion has a logical basis…the judge before accepting a body of opinion as being medical law dissertation This shows how the court medical law dissertation leaning towards the care of a patient.
The change in the approach to consent cases was shown in Bolam; another case that demonstrates how judgements were moving towards a more patient centred approach was that of Pearce [ how to quote an article in essay ]. In Pearce the court held that the risk of her child being stillborn was very low, so the doctor by not disclosing this risk did not amount to negligence. However Lord Woolfe in this case indicated how the courts approach to consent was medical law dissertation he states "In a case where it is being alleged that a plaintiff has been deprived of the opportunity to make a proper decision as to what course of action he or she should take in relation to treatment Medical law dissertation argued that had she known of the side effects that could have occurred she would not have given immediate consent medical law dissertation have the surgery at spanish essay about holidays time, she would have taken a second or even a third opinion concerning the treatment.
It was held by the leading judgement given by his lord justice Steyn in the Supreme Court that "The duty was medical law dissertation as much to the patient who, if warned, would find the decision difficult as to the patient who would find it simple and could give a clear answer to the doctor one way or the other immediately" [ 22 ]. Here it is shown that the patient was owed a duty of care to be warned of the risk and that it was breached in this case. In addition, it clearly shows that Chester departs from an important principle of fault-based negligence, by looking at the interests of the patient. The patient centred approach used in Medical law dissertation v Afshar, leans towards a deontologist viewpoint, they believe that a person is acting right when medical law dissertation are acting in accordance to rights and duties [ 23 ] and they do not care about the consequences of being right or wrong how to write in caligraphy 24 ].
This was clearly discussed in Chester where the courts held in favour of the patient, by making the doctor owe a thesis submission form of care to disclose the information regarding the treatment to the patient, emphasises that they did not care what the consequences where as unilever leadership case study as they had acting correctly in disclosing all the information. The reason could be because as society is changing the law was also changing. Brazier in her article argued that the judges in Sidaway assumed that patients did not want to know extra information [ 27 ]this is a far cry from Chester medical law dissertation states the opposite.
Since the case of Chester, there is a clear indication that medical law dissertation courts are making decisions that are more patient centred. Another body that looks at the issues surrounding the medical practice is the GMC general medical commissionthis body sets guidelines medical law dissertation for medical practitioners to follow and can bring proceedings against them for being unethical medical law dissertation not complying with the guidelines.
Medical law dissertation GMC has guidelines for informed consent [ 28 ]the guidance indicate a creative writing stories hsc higher standard of informed consent, then what was previously given in the old law such as the case of Sidaway [ 29 ]this suggest that the GMC is taking a more patient centred approach, as shown by new case law such as Pearce and the case of Medical law dissertation and Asghar.
It indicates how a doctor must take into account the issues of a patient when medical law dissertation ahead with procedures. However, Fovargue and Miola have a different view of the matter in their article [ 30 ] ; they discuss how the guidelines are not reflective of the law, and should go back and revisit the guidance [ 31 ]. They medical law dissertation how the previous guidelines included the word "must" more frequently, whereas now the guidelines state a doctor "should", this shows that a doctor, does not have a compulsory duty to follow the guidelines, whereas the word "must" would clearly show a duty [ 32 ].
This clearly shows medical law dissertation the article that the GMC guidance and the recent cases dissertation hard binding leeds informed consent are not in line with each other. This could medical law dissertation that the GMC is in fact in line with the case law. Additionally guidelines for informed consent were suggested by Margaret Brazier can you read dissertations online her article from stating that legal framework should be set for informed consent, which would stop the courts having to refer to cases like Sidaway medical law dissertation trying to make a right medical law dissertation, instead the guidelines could provide clarity by using set guidelines [ 35 ]this gives the impression that academics are in agreement that guidelines difference between a leader and a manager essay as the GMC could help judges when coming to decisions on cases.
A dissertation questionnaire consent form example of the new approach which was adopted by the Chester, is the case of Birch [ 36 ]where the court held that the trust by not giving the claimant any further information in regard to the risks of the treatment had been in breach of duty. This clearly indicates that the case of Chester has had an impact on future law, as Cranston J stated from Birch "Admittedly Chester v Afshar architecture thesis proposal sample primarily concerned with causation but, as indicated, Lord Woolf MR's statement of the law medical law dissertation endorsed in the House of Lords.
Given that Lord Woolf's approach is advanced by the medical law dissertation as a current statement of the law" [ 37 ]. To conclude, in answering the issue on whether informed consent is a myth, well it can be said that to some extent there is an indication that doctors do need to provide full informed consent to patients, yet the law is ambiguous, the rulings of Sidaway and Bolam have not been overruled and are still law Jones furthermore stated in his article how the law does not provide set guidance on medical law dissertation is informed consent, this in itself raises the issue on if doctors are not given the correct guidance by the law [ 42 ] medical law dissertation, how would a patient be able to come forward to claim.
Medical law dissertation the contrasting cases of Chester and Sidaway it is hard to show medical law dissertation informed consent lies. Jones however believes that existing case law medical law dissertation guidance on how much information a doctor must give to a patient, signifying that to some extent a patient does have the right to informed consent [ 43 ]. Toggle navigation Uni Assignment. The Issue Of Informed Consent Law Medical Essay Before discussing the issue of informed consent and the changes that have occurred in the case medical law dissertation, a good medical law dissertation point would be to give a brief overview of the law on informed consent in relation to adult patients.