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Introduction

This document provides information about a medical law course. It outlines the timetable, assessments, lecturers, and introduces some key topics that will be covered in the course. These include what medical law is, sources of medical law, the Human Rights Act 1998, and articles 2, 3, 5, 6, 8, 9, 12, and 14 of the European Convention on Human Rights as they relate to medical issues. It also briefly discusses some high profile medical law cases and provides a case study for the first seminar.

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Ambreen Ansari
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© © All Rights Reserved
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Download as PPTX, PDF, TXT or read online on Scribd
39 views

Introduction

This document provides information about a medical law course. It outlines the timetable, assessments, lecturers, and introduces some key topics that will be covered in the course. These include what medical law is, sources of medical law, the Human Rights Act 1998, and articles 2, 3, 5, 6, 8, 9, 12, and 14 of the European Convention on Human Rights as they relate to medical issues. It also briefly discusses some high profile medical law cases and provides a case study for the first seminar.

Uploaded by

Ambreen Ansari
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Medical Law

LAW3114 & 3141


CIARA STAUNTON
Welcome!

 Timetable:
 1 hr lecture online 1 week in advance
 30 mins live lecture
 1 hour seminar commencing week 2

 Reading weeks: weeks 6 and 18

 No classes in week 24 for exam preparation


General

 Ciara Staunton
 Lecturer term 1
[email protected]
 @ciaralstaunton
 Office hours on unihub

 Renu Barton-Hanson: Module leader


 Lecturer term 2
[email protected]
 Office hours on Unihub
Assessments 4

 Information on MyUniHub- please check at regular intervals


for announcements plus check your e-mails

 Informal assessment will be available on MyUniHub

 Study Questions at end of each lecture outline for self-


research

 Formative assessment due 20 January. Electronic submission


on Turnitin only for Part A. Part A assessment will be
distributed this term. No hard copy submission. E-feedback
will be available in addition to one-to-one feedback.
Assessments 5

 Part B is end of year Examination. Details in handbook.

 Mock exam will be set next term.


Twitter

 Good source to find news, commentary, conferences and


new cases

 @ciaralstaunton
Introduction to Healthcare 7

Law

 What is Medical Law?

 Human Rights Act 1998

 Medical Law and Ethics- next week


What is Medical Law? 8

 Kennedy and Grubb:


 
“…is essentially concerned with the
relationship between doctors (and to a lesser
extent hospitals and other institutions) and
patients…There are common issues which
permeate all the problems which arise:
respect for autonomy, consent, truth-telling,
confidentiality, respect for personhood and
persons, respect for dignity, and respect for
justice.”
Sources 9

 Legislation

 Common Law

 Professional Guidance- e.g. BMA/GMC

 Codes of practice

 International sources e.g. European Convention on


Human Rights and Biomedicine
Medical Law and Ethics 10

 The ethical dimension to the consideration of medical


practice is strong and growing.

 What medical law issues require ethical reflection?


11

Ashya King- parental struggle with doctors treating


their son
12

Tony Nicklinson- right to die?


13

Diane Pretty- took her challenge to the


European Court of Human Rights
Terminally ill 14 year old won case that her body be cryogenically
preserved
Introduction 15

 Tortious Liability
 Who can be sued?
 Will discuss in Negligence

 Judicial Review
 Selected cases in handbook
Human Rights Act 1998 16

 Implications of HRA throughout the course

 Art 2
 Obligation to adequately provide for medical care
where right to life of a patient is at risk?
 Adequacy in the provision of medical care-
resources?
Human Rights Act 1998 17

 Withholding or withdrawing treatment which may


prolong life may not breach art 2.

 NB: patient’s best interests

 NHS Trust A v M; NHS Trust B v H [2001] 1 ALL ER


801
Article 2 18

 Is there a right to die?


 R (on the application of Pretty) v DPP [2001] 3 WLR 1598

 Information to the public on effects of drugs, epidemics


etc. Consider however also interests of individual's right
to privacy- balance the two interests

 Unborn child. Law of abortion


Article 3 19

 Absolute right

 Right to be allowed to die with dignity? (D v UK 1997-


designated as an exceptional case)

 Medical treatment given without consent in extreme


cases

 Not treating a seriously ill patient

 Experimental treatment without consent


Article 3 20

 Treating incompetent patient where known to be


contrary to express wishes e.g. advance directive

 Refusing to provide treatment because of personal


characteristics (East African Asians v UK 1981-
covers treatment “that lower the individual in rank,
position, reputation or character, whether in his
own eyes or the eyes of other people.”)
Article 5 21

 Right to liberty and security

 Protects against arbitrary detention

 Medical detention- Mental Health legislation has to


comply

 Look at procedures

 Look at what constitutes medical disorder


Article 6 22

 Right to a fair trial

 Includes independent and impartial hearings

 Disciplinary hearings

 Courts and tribunals


Article 8 23

 Right to privacy and family life

 Patient confidentiality

 Providing information for informed consent of the patient

 Parents consulted about child’s treatment

 Rights of competent minors

 Protection of medical information

 Rights of relatives of incompetent adults to be informed of treatment


decisions
Article 8 24

 Right to decide when or how to die?

 Genetic testing and informing relatives;


 A right not to know?
Article 9 25

 Freedom of thought, conscience and religion

 Religious grounds for patients rejecting treatment

 Conscientious objection for health care professionals


Article 12 & 14 26

 Art 12: Right to marry and found a family


 Access to fertility treatments
 Enforced sterilisations

 Art 14: prohibits discrimination


 “blanket decisions” based on age etc.
Case study for seminar 1 27

 R (on the application of Pretty) v DPP [2001] 3 WLR


1598

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