Relevant Legal Case Study

On 11/6/2017 at 1400 hours, I Officer Graves, responded to 735 E Haggard Ave Elon, NC 27244 in reference to an assist. Upon arrival Detective Turney, Lieutenant Sweat, and Officer Peters were at apartment K executing a search warrant. I was requested to remain outside of the residence at the front door. At 1426 hours Captain B. Tillotson entered the residence and left at 1441 hours. At hours Officer Peters released Jacy Loshin from the premises after issuing a citation. At 1455 hours Officer Chavis entered the residence and remained until the search warrant execution was completed at 1530 hours, when all remaining officers cleared.

Treatment without consent - Charlotte, the nurse on duty, had forced James into getting the injections therefore causing him emotional distress. Treating a competent patient who has validly refused treatment could constitute an assault or battery. The legal provisions supporting a competent patients’ right to refuse treatment in Australia can be found in both legislation throughout all the States and common law. The Australian Charter of Healthcare Rights is also a helpful source of guidance as it reinforces the common law position that is based upon the principle of patient autonomy. The High Court of Australia first articulated the principle or refusal of treatment in Marion’s case, stating that a legally competent person has a right “to choose what occurs with respect to his or her own person.” Under the NSW Health Patient Charter, consent in regard to an operation, procedure or treatment is both a specific legal requirement and an accepted part of good medical practice. Medical practitioners are also expected to clearly explain proposed treatment, and adequately inform their patients on significant risks and alternatives associated with the treatment.Failure to do this could result in legal action for assault and battery against a practitioner who performs the procedure. Charlotte made no effort to explain or gain a consent from James.

The Act presumes ‘capacity’ in relation to adults unless situation exists otherwise. It requires extending all sorts of help to the person in question before drawing conclusion that they cannot consent. Even an apparently unwise decision if is extended by a person of full

The process of establishing consent will vary according to an individual’s assessed capacity to consent.

In this assignment I will be discussing Adult Nursing and Mental Health Nursing and issues regarding consent. Consent is important within all fields of nursing as it is essential to conduct any medical procedures. The Nursing and Midwifery Council Code of Conduct (NMC,2008) states that all healthcare professionals must presume that all patients have the mental capacity to accept or deny medical treatments after being given all information which may be needed. However there may be some instances where consent cannot be obtained. An example of this is if the patient is in a medical emergency and may be unconscious or if the patient lacks the mental capacity to make a knowledgeable choice. In this situation treatment would be

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.

Dimond (2009) and NHS choices (2016) explained consent as the process involving a person giving their approval to accept or refuse a treatment or interventions, after receiving detailed information from a health care professional about the risk or benefits of the procedure. In order for consent to be deemed valid, it needs to be given voluntarily without any influence or pressure from either a family member or clinician. In addition, the capacity of the person is important when giving consent and the ability to process the given information and make a decision. Tingle &Cribb (2014) agree, emphasizing that the autonomy of the person giving

Canadian health care consent act, (1996) says that, there is no treatment without informed consent and it must be related to the proposed treatment, it must be given voluntarily and must not be obtained through misrepresentation or fraud. There is a different provision for a person who is deemed incapable to give consent. If a person is not competent to give consent, it may be given or refused on his/her behalf by a substitute decision maker. There is no specific age for children to give consent in Ontario but health care providers must assess the decision-making capacity of a child before proceeding with the treatment. There is exclusion too i.e. when informed consent is not mandatory. In an emergency situation informed consent could be withheld, where the person is experiencing severe suffering or he/she is at risk of life, if the treatment is not administered promptly and if there is no substitute decision maker to make decision on behalf of the patient. (HCCA,

In regards to informed consent, the mature minor doctrine requires the physician or other healthcare provider to make determinations on a case by case basis. The physician should employ the same criteria used to determine the ability of an adult to consent whose decisional

Consent for medical treatment is based on three legal ideals: the patient must be informed to make a decision, the patient cannot be intimidated into making a decision, and the patient must be competent (McCabe). In 1982, a study was held by Weithorn and Campbell showing the competency of four age groups (9,14,18, and 21 years-old) based on questions from the ideals aforementioned. The study concluded that fourteen year-olds’ competence and adult are analogous, while nine year-olds could partake in discussions based off of their treatment (Weithorn). The study conducted by Weithorn and Campbell, not only displays competence, but also the ability to comprehend the possible outcomes, and determine the importance of these possible outcomes relative to their own lives. With studies showing that at the age of fourteen the decisional capacity (prefrontal cortex) of the human brain is equal to that of an eighteen year-old, the legal age of consent must be lowered to fourteen years of age.

I believe the incorrect tax has impacted all the open invoices under the parent name Burger King Canada with a Ship To address is found in Quebec and Manitoba. I inherited the Burger King Canada, so I do not have a list available. Please forward all Burger King Canada cloud renewals that have a Ship in either Quebec and Manitoba to the tax team.

Elizabeth Blackwell showed herself as a dedicated and diligent doctor during five years of work in Neurological Associates, and made a significant contribution to the profit margin of the partnership. The partners were delighted with hiring Blackwell in 2005 and they introduced her to medical physicians at a conference. But the referral base Blackwell went through was not the result of that investment by the partnership but instead it was the evidence of her professionalism in neurological sphere.

Consent can be quite tricky, a legal minefield for healthcare teams, this is due to the patients who will give or refuse to give private information about themselves who is legally competent but

Reached East tamaki director as regard this phone is not fully visable Unpractical without a console and presently suspended and rendered unusable hence

Kate is the owner of a successful business, selling women’s shoes. Her business is expanding fast and she wants to upgrade her business structure to a more appropriate one. What would be your recommendation to Kate and why? What are the factors that influence you with this advice?