The main issues with this case are the duty of care expected for those whose ailment is self inflicted, and how this demand and strain should be balanced with other treatments and costs in the NHS. The onus of blame and the role of accountability with ones health and how that affects care is also examined. Furthermore Nigel’s socioeconomic status and how that relates to his condition and care could be an issue, as is the balancing of his best interests with his wants. Nigel has not complied with efforts to manage his weight by conventional therapy (diet, exercise, nurse visits to help him prepare healthy meals) and one may be inclined to view his request as wishing to ‘take the easy way out’. It may be hard to establish sympathy towards someone with an illness that is so clearly self inflicted. Furthermore it questions their eligibility for treatment from an entity such as the NHS which cares for the entirety of the population from a limited pool of resources, where many of the recipients of care have fallen ill through no fault of their own. Taken to the extreme, if one where in charge of the resources and had to decide between funding bariatric surgery or funding a paediatric ward it could be easy to justify choosing the latter, as many (if not all) of the patients would be there through misfortune rather than poor self control. The idea of barring or disfavouring care towards those with self inflicted conditions lends itself to a ‘slippery slope’ argument however(1).
Authors Note: This paper is being submitted on the 18th of March 2013 for the winter semester of Medical Law and Ethics section 05.
Obesity in the UK is proving to be a huge strain on the NHS, as individuals tend to have multiple comorbidities associated with being overweight. Bariatric surgery has been found to be an effective way of managing the financial strain by reducing the incidence of comorbidities in individuals’ post-surgical weight loss. Factors such as Human Rights Law, the NHS constitution and the Bioethical principals for good practice point to the benefits for all morbidly obese patients to be provided with bariatric surgery, however there are further opinions to suggest this is only treating the symptom and not the cause.
Do you smoke, drink or have diabetes? All self inflicted have a massive drain on the NHS. They spend £750m a year on drugs to treat lifestyle diseases and from 2006 the percentage has increased, also treating and all of its complications, diabetes costs £14 billion a year to treat. It is hard to draw the line at what is self inflicted and what isn’t. People need to become more aware at what there doing and how it effects others.
Justice. The health care team should present Hai his basic rights as stated in the Mental Health Act 2016 (Qld), with Tim’s attendance. In addition, the health team should abide by the law with regards to the treatment of patients with mental issues, such as taking into account the capacity of the patient to consent and the treatment procedure for voluntary or involuntary
The courts have generally supported NHS decisions about rationing. Critically analyse this statement with reference to the judicial reviews of NHS decisions not to pay for a treatment.
In his essay, The Refutation of Medical Paternalism, Alan Goldman states his argument against a strong doctor-patient role differentiation, in which the doctor may act against a patients’ immediate will in order to carry treatment in the patients’ best interest. Goldman frames his entire argument around the single assumption that a person’s freedom to decide his future is the most important and fundamental right as he claims “the autonomous individual is the source of those other goods he enjoys, and so is not to be sacrificed for the sake of them.”[1] He claims that the majority of people would agree that they are the best judges of their own self-interest
Ms. B’s decision to not be treated may be respected for her demonstration of recognizable reasoning despite the strong argument against her aptitude for rational thinking and competency in this situation, or more so - what we know of her character from the study. Thus, greater evidence is seemingly not needed to prove she has or is capable of achieving a competent decision as her person and societal behaviours suggests her disposition was never initially competent. However, with respecting Ms. B’s autonomy requires scrutiny and additional measures to be taken to consult Ms. B on the severity of the consequences of her decision and provide her steps
This essay will argue that the decision reached in Cattanach v Melchior [2003] was the correct one. Supporting this argument is the courts departure from the principles established in McFarlane v Tayside Health Board [1999].Additionally, Cattanach extends itself by attempting to address and give legal clarity to the idea of compensable harm in relation to negligence of medical practitioners. This has ultimately led to Cattanach establishing a positive framework, previously not recognised by the courts, to award damages for the torts of wrongful birth and wrongful life. Finally, the reaction to Cattanach on the judicial and executive branches of government have had significant impact on shaping public policy in relation to these complex issues.
Obesity is not only a cosmetic problem; it is also a health hazard. People eating themselves to sickness are a disgrace. It is a choice that many will continue to make. Not listening to the doctor and just sneaking by on the hospital visits is not going to be the outcome every time. “People who are overweight or obese are at an increased risk for chronic disease compared to normal-weight individuals” (“Weight Loss”), and problems get extremely severe; “40 percent of overweight people are twice as likely to die prematurely, compared to a normal-weight person” (“Weight Loss”). Doctors tell patients everyday they need to change their diets and the answer is always the same “I will next time,” well maybe there might not be a next time?
However, as time went on, several problems arose which had to do with the principle of justice in healthcare. In America, it is the accepted norm that it is unjust to treat one person better or worse than another person, in similar circumstances (Tong, 2007, p.29). In an attempt
At some point in everyone’s life, they have been self conscious about their weight and body. It's human nature. People getting weight loss surgery need to be responsible for how much they are eating so they can get the proper treatment. There are too many people that are dying from obesity. Worldwide obesity has nearly doubled since 1980. That needs to end
The conceptualisation of medicine as an institution of societal control was first theorised by Parsons (1951), and from this stemmed the notion of the deviant termed illness in which the “sick role” was a legitimised condition. The societal reaction and perspective was deemed a pillar of the emerging social construction of disease and conception of the formalised medical model of disease. Concerns surrounding medicalisation fundamentally stem from the fusion of social and medical concerns wherein the lines between the two are gradually blurred and the the social consequences of the proliferation of disease diagnosis that results from such ambiguities of the social medical model.
Reading this article and find the theme very interesting for all social workers as professional and how important take a time and give the body an adequate rest. Exist many method to take a break and take a quiet time to filling up our energy.
As Margarete Rubik asserts, ‘long-term hospitalisation or sending the patient out into the streets both seem equally unattractive’ (373). Not only is it revealed that Robert manipulates the situation to suit his own agenda, Robert ends up collapsing under the pressure of the dilemma and unleashes an outburst on Christopher, transgressing professional boundaries. Both doctors put forward some convincing arguments but then undermine themselves with their unclear motives and intentions. Were they to have discussed the case in a respectful manner, clarifying their reasoning and eliminating the underlying power struggle, an appropriate course of action could have been decided upon that would satisfy them both as well as fulfilling Christopher’s
Over a century ago, when Bernard Shaw wrote The Doctor’s Dilemma in 1906, England’s health care was terrifyingly primitive. If one had the misfortune of falling ill during the late nineteenth and early twentieth centuries, essentially, one had the choice of two treatment options. The sufferer could either turn to the local druggist to purchase an expensive patent medicine, of which the ingredients largely comprised of opiates or alcohol and were consequently addictive; or, the patient could visit the equally costly doctor and receive a diagnosis which often led to a treatment involving sharp knives, bleeding, and the prescribing of more addictive drugs. Both treatment options and professions claimed they could cure anything and everything,