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Biomedical subjects

B Dimond

Publications and source records attributed to B Dimond.

At least 181 records · Page 10Linked to original sources

Legal aspects of consent 8: children under the age of 16 years.

UNLABELLED: Case Scenario: Mrs Gillick questioned the lawfulness of the Department of Health and Social Security (DHSS) circular HN[80]46 which was a revised version of part of a comprehensive memorandum of guidance on family planning services issued to health authorities in May 1974 under cover of circular HSC(IS)32. The circular stated that in certain circumstances a doctor could lawfully prescribe contraception for a girl under 16 without the consent of the parents. Mrs Gillick wrote to the acting administrator formally forbidding any medical staff employed by the Norfolk Area Health Authority (AHA) to give 'any contraceptive or abortion advice or treatment whatever to my daughters whilst they are under 16 years without my consent.' The administrator replied that the treatment prescribed by a doctor is a matter for the doctor's clinical judgement, taking into account all the factors of the case. Mrs Gillick, who had five daughters, brought an action against the AHA and the DHSS seeking a declaration that the notice gave advice which was unlawful and wrong and which did or might adversely affect the welfare of her children, her right as a parent and her ability to discharge properly her duties as a parent. She sought a declaration that no doctor or other professional person employed by the health authority might give any contraceptive or abortion advice or treatment to any of her children below the age of 16 without her previous knowledge and consent. SOURCE: Gillick v. West Norfolk and Wisbech AHA and the DHSS [1985].

Adolescent↗

Legal aspects of consent 11: compulsory Caesarean sections.

Case Scenario: Miss MB required a Caesarean section in order to save her fetus. However, while she gave consent to the operation, she suffered from a needle phobia which caused her to panic and refuse the preliminary anaesthetic. The trust applied for a declaration that the Caesarean section could take place on the grounds that the needle phobia rendered her mentally incapacitated and therefore the operation should proceed in her best interests (Re MB (an adult: medical treatment), [1997]).

Adult↗

Legal aspects of consent 13: organ donation from live donors.

Case Scenario: Alice is now 12 years old and has been receiving dialysis for over 3 years. Her long-term chance of survival depends upon a kidney transplant and she has been on a waiting list for several years. Her condition is deteriorating and Bob, a close friend of her family, has offered to donate her a kidney. What is the law?

Humans↗

Legal aspects of consent 14: organ removal, retention, storage.

Case Scenario: Sarah was born with a congenital heart condition. Unfortunately, the subsequent operation proved unsuccessful and Sarah died. Sarah's parents were asked if they would agree to a post mortem being performed to assist in research so that in future such conditions could be successfully operated upon. The parents agreed and subsequently they were notified that the body was available for disposal. They decided upon a cremation. Several years later, following an inquiry into the pathology services of the hospital, they were notified by the Chief Executive's department that Sarah's heart, lungs, liver and other organs had been retained. The parents were shocked. What is the law?

Autopsy↗

Legal aspects of consent 15: living wills and the common law.

Case Scenario: Since watching a programme on dementia on the television, Sam had always been terrified of losing his mental faculties. He therefore told his daughter that if he ever suffered from a disease which lead to mental incapacity he would not wish to have any treatment. Some years later early signs of motor neurone's disease appeared and his condition worsened rapidly. He became incapable of swallowing and his mind deteriorated, so he was no longer able to express his views. His daughter told the healthcare staff at the hospital about his previous wishes and said that he would not wish to be fed artificially. Would staff be justified in giving him artificial feeding, contrary to the daughter's views?

Advance Directive Adherence↗

Legal aspects of consent 16: statutory provisions and living wills.

Case Scenario: Mary had cared for her invalid mentally infirm mother for many years and was determined that if she ever lost her own mental capacity she would not wish to be kept alive. She drew up a document, witnessed by her sister, that stated in the event of her suffering from any form of mental incapacity she would not wish to be fed or have any medical or nursing intervention. Some years later she began to suffer from the early signs of Alzheimer's disease. Her sister had died, but staff were aware that Mary still carried this living will on her person. She is now refusing all food. What is the law?

Advance Directive Adherence↗

Legal aspects of consent 2: the different forms of consent.

Mary, following preoperative medication, was taken to theatre for a biopsy for possible breast cancer. When the theatre staff went through their checklist they could not find a consent form. The consultant surgeon said that he had seen her in the outpatients' department 2 weeks before and she had given a clear consent, not only for the biopsy but also for a radical mastectomy should the results show that to be necessary. He said that he had no problems with continuing the operation. The theatre sister was unsure of the legal position.

Biopsy↗

Legal aspects of consent 3: the duty of care to inform.

Mrs Pearce was expecting her sixth child. The expected date of delivery was 13 November 1991. On 27 November when she saw the consultant the baby had still not arrived. She begged the doctor to induce her or to carry out a caesarean. He preferred to let nature take its course, and explained to her the risks of induction and a caesarean section. The baby died in utero sometime between 2 and 3 December. The delivery of a stillborn baby was induced on 4 December. She brought an action alleging that the consultant should have advised her of the increased risk of stillbirth as a result of the delay in delivery between 13 November and 27 November (Pearce v United Bristol Healthcare NHS Trust, 1998).

Cesarean Section↗