Medical Law Essay Example | Topics and Well Written Essays - 2750 words

Medical Law - Essay ExampleProtection and preservation of manner is therefore an inherent right. If a person refuses shape up treatment, or a woman elects her own career over her unborn child or a persons living will is ambiguous, The documental of this paper is to harmonize the right of a tolerant to choose over the obligation of the medical practician to respect their wishes A. This is the dilemma spawned by 15 year old Adrienne who, enabled by the support and understanding of her parents, refused a third round of kidney transplant and a lifetime regimen of anti-rejection drugs to save her life. The doctors strongly believe that Adrienne should buzz off the surgery and doubts if Adrienne, a minor, had made valid and informed choice considering her parents unconditional encouragement to decline further kidney transplantation if Adrienne so believes. The South Hertfordshire Primary Care Trust (Trust for brevity) must strike a chemical equilibrium between the advocacy of doct ors to promote and preserve life or to abide by the long-sufferings choice to decline further treatment. ... The prognosis, potential risk involved, quality of life after surgery and separate consequences of the treatment or lack of it must likewise be laid down for the determination of the patient. It is not sufficient though that the medical practitioner perfunctorily mutter the information, rather it must be ensured that the patient understood the choices available. After giving the potential gathers and risks of the proposed treatment, any choice exercised by the patient must be respected and any treatment must in accordance with the patients will and instructions. In arriving at the decision, the patient must display mental competence or intellectual capacity to come across informed choices including the consequences if any. Capacity or competence may be gleaned from the questions propounded or views expressed by the patient regarding the treatment (Mental Capacity Act 2005 )2. The medical practitioner must be available to answer the questions and nonetheless the advice must be free from biases or prejudice and must not influence the patient one way or the other to undergo surgery or treatment unless it is the explicit desire of the patient (General Medical Council)3. The primordial motivation of a medical practitioner is to promote health for the benefit of the patient under beneficence principle (Hope)1. In the promotion of the patients benefit besides the medical practitioner must subordinate his professional recommendation if it runs counter with the belief or use of the patient. Respect to the patients instructions should prevail over the expert assessment notwithstanding that without such(prenominal) medical treatment, the patient is exposed to a more serious health problems. In giving medical advice, it is likewise incumbent