Discuss the law of consent to treatment and the law of negligence Assignment

Discuss the law of consent to treatment and the law of negligence - Assignment Example According to the law of consent to treatment and health care directives act, every person seeking medical attention has a right to: permit or refuse to give consent to health practitioners on whatever reason (Corfield, Granne, & Sayer, 2009). In addition, they may choose the best treatment among provided treatment methodologies, given assistance by qualified medical practitioner, and be involved in decision making on any medical practices to be performed on him or her (Hockton, 2002). For this law to be valid, various factors should be put into deliberation. For example, the person issuing the consents should be provided with all necessary information on the medical procedure to be undertaken (Thornton, 2008). It should be able to address, the benefits, side effects of treatment, and indicate other alternatives (Rozovsky, 2003). The consent be given voluntarily with the patient and not forced of him. It should be understandable to help the patient make an informed decision (Bartlett, 2008). However, there are cases in which treatment of a patient may go on with or without their consent. This include (a) Supplementary actions; this is mostly prominent in surgery processes where during an operation the surgeon might encounter an extra problem that needs an additional procedure, here the surgeon has no choice but to go ahead and perform the process for he cannot waken the patient to approve the consent (Herring, 2010). A choice made in the interest of the suffering patient. (b) Emergency treatment; this happens mostly during emergencies e.g. When a patient is unconscious and cannot provide a consent, the medical practitioners will provide treatment and after consciousness is regained by the patient all reasons on why the treatment was given (Rozovsky, 2000). (c) Risk to the public; a person can be held on the hospital unwillingly until he or she has fully recovered if the person has an infectious disease that can a public health risk. (d) Mental condition; mental disoriented persons can be held either willingly or unwillingly in hospital without their consent, this differs globally according to laws of the given land (Dimond, 2008). Treatment given to such people must for their wellbeing. (e) Changes in capacity; a patient’s capacity to consent can change. There are different reasons that might affect a person’s capacity to give consent to treatment. Issues like panic, extreme tiredness, instant shock, patients under drug and unstable medical conditions such as schizophrenia influence are usually not fit to give medical consents (Bartlett, 2008). Such persons are advised to make early decisions on the treatment they would prefer in case of future incapacity (Dimond, 2008). Negligence; this implies failure to act with the prudence that a rational individual would exercise under the same conditions. The law of negligence states that a person or an institution is liable for any Injury caused negligently on the person seeking servi ces from the person or organization (James, & Deeley, 2002). Medical negligence or medical malpractices are terms used to indicate a negligent act by either medical practitioner or medical facility that leads to injury (Bartlett, 2008). When such injury arises the affected party can take legal action and such cases fall below the category of individual injury law. In many jurisdictions, there certain approved standards that people should receive. In case of irresponsible or erroneous

Policy Paper Essay Example | Topics and Well Written Essays - 1750 words

Policy Paper - Essay Example Russiahas a long-standing history with the Syrian rulers, which prospered during the authoritarian reign of Hafez Al Assad, the father of the current Syrian president Bashar Al Assad. There is need for the Russian government to support the Syrian Army and government and a plan is needed for this to happen as quickly as possible. The elder Assad’s relationship with the Russian leadership saw him being invited to Russia by Leonid Brezhnev and firmly installed Syria’s position as a defender of the USSR during the Cold War, a tradition that continued with the Russian republic after the breakup of the Soviet Republics. Russia is Syria’s largest supplier of arms, with annual arms sales between the two countries topping more than US$1.5 billion. The countries also have a lot of trade links and have over the years established very strong bonds, based especially on the supply of arms and cold war and post-cold war anti-American stance. This stance saw the Russian Republic - together with China - veto allUN resolutions calling for military intervention in Syria by the international community (Carpenter 3). Russia has also been very vocal in defending the Syrian administration of Bashar Al Assad and taken their side in the conflict with what they refer to as Islamic terrorist rebels. It is on the basis of the longstanding history of the relationship between the two countries that the first reason why Russia should arm the government of Syria. This ongoing relationship has been between the governments that rule the two countries and therefore remain in place no matter which government is in place in Syria. There is need for Russia to arm Syrian and provide a decisive winner in this battle in order to stop the humanitarian and political tragedy that has taken place and continues to take place in Syria today. Russia has to support Syrian in this conflict in order to stem the growth and spread of radical Islamist revolution that has continued under the gu ise of an America-supported Arab Spring (Tenin 6). Russia also needs to arm Syria in order to stop this spread of Islamist radicalism that Russia had to deal with in Chechnya and to prevent Islamist terrorists using Syria as another from to attack Russia. This plan presented herein is a plan to arm the Syrian government forces by Russia in order to provide a decisive completion to the civil strife in Syria once and for all and to protect the sanctity of the Syrian regime. The first part of this plan is the identification of the kinds and range of weapons that the Russian Republic can supply to Syria to ensure that the tide of the war in that country turns in favor of the Syrian government and to ensure that the region is stabilized and that the Syrian country does not disintegrate into tribal or ethnic enclaves, as has happened in all the other countries where international intervention usually in the form of American and American-aided invasion has taken place. One only has to look at the effect of American intervention in Iraq, Afghanistan, Libya and most recently Egypt to see how their intervention only results in more complex internal conflict and deterioration of law and order. In Syria, the situation is further compounded