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Question: Analyse the extent of consent and when its required in relation to Rosanna giving consideration to both legal and ethical issues. (Problem question text not available)

Year 3 LLB Law undergraduate

Answer: In order for consent to be valid the patient must have capacity, sufficient information and made voluntarily. Consent is important as it’s an essential prerequisite for medical treatment; a competent adult must be able to give consent, “has a right to determine what shall be done with his own body.” The necessity of consent must be free from coercion, undue influence and mistake. Arguably the presumption is that all adults are competent , unless evidence suggests otherwise . As there is no formal definition of competence s2 sets out a two stage test for capacity. However, s3 also sets out how to determine capacity and whether if a person is unable to make a decision. Statutory powers derived from the common law set out by Thorpe J in Re C suggesting that there needn’t be a hig......(short extract)

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Details: - Mark: 74% | Course: Medical Law | Year: 2nd/3rd | Words: 2978 | References: Yes | Date written: November, 2012 | Date submitted: January 05, 2014 | Coursework ID: 827

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