The Legal And Ethical Issues

1532 WordsApr 26, 20167 Pages
Introduction This essay will address the Legal and Ethical issues in relation to the case study. It will outline the four elements of valid consent and applicable issues needed to prove and defend the claim for all parties involved. The Universal declaration of bioethics and human rights identifies three relevant principles to this case study. Beneficence and non-maleficent, the notion of proper free and informed consent, autonomy and the measure in place to protect individuals not capable of exerting this right. Finally, this essay will address the common conflicts that may arise and a process to address the conflict. Legal Issues In Queensland Health Policy (2012) it clearly states that, Health Care Practitioners by law must obtain consent from a person or an appropriate decision maker before touching, examining or providing any health care. Consent can be recognised in three forms: implied, verbal or written consent. However, in a healthcare setting and applicable to this case study, Dr Able was required by Queensland Health Policy, as the senior health practitioner, to obtain a valid written consent. Even though the consent form was signed for this consent to be valid, four elements must be satisfied. The consent must be Voluntary without fraud, misrepresentation, duress or coercion. Repeated pressure by a health care provider in circumstances where the patient is vulnerable, may amount to duress or coercion (Beausoleil v. La Communaunt’s des Soeurs de la
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