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Question: 'Discuss the different interpretations of 'the Bolam test' (see Bolam v Friern Hospital Management Committee [1957] 2 All ER 118). Critically evaluate the impact of the Bolam test in relation to key cases, particularly with reference to the Bolitho case (see Bolitho v City and Hackney Health Authority [1997] 4 All ER 771; or [1998] AC 232).

Answer: Throughout human history the amount of situations arising out of peoples careless or negligent acts is parallel and inevitably adjoined with man\'s development and evolution. This tragicomical realisation is addressed via the...


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Details: - Mark: 64% | Course: Medical Law | Year: 2nd/3rd | Words: 1921 | References: No | Date written: Not available | Date submitted: October 20, 2008 | Coursework ID: 156

Question: To what extent should the law concerning the recovery of damages in negligence for psychiatric illness be liberalized?

Answer: In this essay we are asked to discuss the issue of recovery of damages in negligence for psychiatric illness and to what extent it should to be liberalized. This paper in order...


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Details: - Mark: 63% | Course: Medical Law | Year: 2nd/3rd | Words: 2010 | References: Yes | Date written: Not available | Date submitted: February 20, 2009 | Coursework ID: 421

Question: ‘The Principle of respect for patient autonomy has attained too much importance in English medical law; the rights and interests of parties other than the patient should be better accounted for.’

Discuss, with reference to the law governing confidentiality and the treatment of incompetent patients.

Answer: The central issue of this essay appears to be the concept of consent and thus I must examine the different ways of giving your consent in differing situations. I will start by...


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Details: - Mark: 62% | Course: Medical Law | Year: 2nd/3rd | Words: 3017 | References: No | Date written: Not available | Date submitted: October 21, 2008 | Coursework ID: 162

Question: Outline and evaluate the moral and legal arguments surrounding abortion and euthenasia.

Answer: Both law and morality can be said to consist of a number of rules which regulate the way in which individuals behave and usually indicate what ought or what ought not to...


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Details: - Mark: 61% | Course: Medical Law | Year: 1st | Words: 1905 | References: Yes | Date written: Not available | Date submitted: February 20, 2009 | Coursework ID: 423

Question: Would A No Fault Regime be Better than the Current Negligence-Based System of Compensating Victims of Medical Accidents?

Answer: The current system of compensating victims of medical accidents is based on ‘tort law’ and proof of ‘negligence’. Tort law “concerns compensable wrongs that do not arise from a breach of contract...


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Details: - Mark: 61% | Course: Medical Law | Year: 2nd/3rd | Words: 2010 | References: Yes | Date written: Not available | Date submitted: October 20, 2008 | Coursework ID: 158

Question: CASE STUDY Ann has become pregnant at the age of 40. On the advice of her doctor she underwent an amniocentesis at Erewhon General Hospital. Claire, a doctor employed by Erewhon General Hospital to carry out diagnostic tests, negligently failed to ascertain that Ann’s foetus suffered from a chromosomal disorder indicating Down syndrome. Ann gave birth to Ben, who did in fact suffer from Down syndrome. Had Ann been advised correctly about the results of the amniocentesis she would have been given the option of a lawful abortion, and would have taken that option. Advise Ann on her claim against Erewhon General Hospital for the full costs of bringing up and looking after Ben for the duration of his expected life i.e a wrongful birth claim, and Ben on his claim against Erewhon General Hospital for the loss he has suffered in living his life in his disabled condition i.e a wrongful life claim.

Answer: Todd (2005: 370) argues that a claim for wrongful birth involves sharply competing questions of policy and principle. The principle of distributive justice, which the House of Lords grappled with in McFarlane...


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Details: - Mark: 60% | Course: Medical Law | Year: 2nd/3rd | Words: 1941 | References: Yes | Date written: January, 2005 | Date submitted: February 20, 2009 | Coursework ID: 422

Question: ‘Speaking of the equivalent English law before the Abortion Act of 1967, Lord Diplock in Royal College of Nursing v DHSS (1981) described the state of the law as “unsatisfactory and uncertain”. This continues to be the position in Northern Ireland – a position which in the best interests of not only the medical and legal professions but more importantly of the public at large ought to be remedied. The Abortion Act 1967 may have its faults but it presents a much more coherent and understandable position than that which continues to prevail in this jurisdiction.’ Northern Health and Social Services Board v A and others [1994] NIJB 1 per MacDermott LJ at 3.

Discuss.

Medical Law: (LAW506), Ulster University.

Answer: Northern Ireland now has the opportunity to define itself anew as it is a devolved government. Despite this, the issue of abortion remains untouched, under “draconian” outdated regulations which date back to...


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Details: - Mark: Not available | Course: Medical Law | Year: 1st | Words: 2981 | References: Yes | Date written: May, 2017 | Date submitted: May 11, 2017 | Coursework ID: 1026

Question: Advance Directives to Refuse Treatment

With reference to any topic we have covered in the law module, identify an area of law of interest to you and critically evaluate it, demonstrating your understanding of its purpose and application, merits and deficiencies, with your proposals, if any, for reform.

Answer: This essay argues that Advance Decisions to Refuse Treatment (ADRTs) are currently in no man’s land between a legally binding decision and a starting point for discussing patients’ best interests. The essay...


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Details: - Mark: Not available | Course: Medical Law | Year: 2nd/3rd | Words: 2498 | References: Yes | Date written: January, 2014 | Date submitted: May 08, 2014 | Coursework ID: 874

Question: Discuss the legal issues of Mr Seaton’s purported consent to, or justifications for, treatment. (apply English law)

Ref: Court of Appeals of Kentucky 2012, Seaton v Patterson, 2011-CA-001874-MR edn, Judge Stumbo.

Answer: Seaton v Patterson, a case in which Dr Patterson performed a partial penectomy on Mr Seaton during a routine circumcision, raises issues of battery and negligence. These issues stem from Dr Patterson’s...


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Details: - Mark: Not available | Course: Medical Law | Year: 2nd/3rd | Words: 2465 | References: Yes | Date written: November, 2013 | Date submitted: May 08, 2014 | Coursework ID: 873

Question: ‘Current Mental Health Law serves the Fears of Society to the detriment of those with Mental Health Problems’.

With reference to both statute and case law; appraise the adequacy of current legislation in addressing this tension.

Answer: Press coverage and its tendency to blame mental health services has undoubtedly influenced public attitudes towards the mentally ill , 86% of articles around mental health focus on associating mentally ill with...


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Details: - Mark: Not available | Course: Medical Law | Year: 2nd/3rd | Words: 2492 | References: Yes | Date written: November, 2013 | Date submitted: May 08, 2014 | Coursework ID: 872


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