Year 1 Law Revison

Flashcards by , created about 6 years ago

Law Revision Flashcards on Year 1 Law Revison, created by halimah on 05/27/2013.

Created by halimah about 6 years ago
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Question Answer
Leslie Burke v GMC (2004) Burke had a degenerative brain disease and won a court ruling that doctors had to keep him on artificial nutrition and hydration (ANH) when he was no longer able to do so. An appeal court ruled in the GMC's favour and Burke's appeals to The House of Lords and European Courts were unsuccessful. Verdict: Doctors can withdraw ANH if appropriate.
Victoria Climbie (2000) Victoria was tortured and killed by her guardians which lead to a public inquiry and establishment of the Children Act (2004) concerning child protection.
Bolam (1957) Bolam was a psychiatric patient with depression who underwent ECT. He was not warned of the risk of fractures due to convulsions, also wasn't given muscle relaxants or mannually restrained and sustained bilateral hip fractures. Court decided hospital was NOT liable as doctor acted in accordance with practice at that time. A doctor is only negligent if there is no reasonable body of medical practice that would have made the same choice.
Stephens v Avery (1988) Information will NOT be kept confidential if immoral; quite rare. Today, homosexuality isn't widely viewed in this way.
Sidaway (1985) Paralysed following nerve decompression surgey. Sued NHS Trust Claiming the risks were not explained well. The Surgeon passed the Bolam test and so Mrs Sidaway lost her claim. If there is a rare risk, even if <1%, you must disclose.
Bolitho v City and Hackney Health Authority (1997) This follows on from the Bolam test, in that it tests the ‘reasonable body of men’. i.e. you can’t defend a case on the basis of a current practice that is not reasonable or logical.
Re: C A schizophrenic man was found to have gangrene on toes of one foot. Doctors recommended an amputation but the man refused. The doctors thought the man wasn’t competent, but when taken to court, Mr C was found to have capacity. He didn’t amputate his leg. The gangrene went away. This case allows the acceptance of advanced refusals of medical treatments and for living wills. Re: C test- understand +retain, believe, appraise
Dianne Pretty Diane Pretty had motor neurone disease and wished to take her own life. Her body degenerated so much that she was incapable of committing suicide so went to court to get a ruling, which would allow her husband to assist her. The courts ruled against it. Diane Petty died at the age of 43 in a hospice after having problems breathing 3 days after the European Courts rejected her appeal.
Nockels She was admitted to the N&N after a stroke. She begged for food but was unable to swallow and drs thought she had no chance of recovery She wasn’t given sufficient supplements to survive on 2 daughters thought treatment should be withdrawn. Other daughter wanted treatment to continue, which was granted. The family requests continued futile therapy. It is best not to withdraw treatment if there is conflict between the Doctor and family. However the final decision rests with the intensive care team.
R v Cox GP injected a lethal dose of potassium chloride unto a patient who then died (on her request). He was convicted with attempted murder. But he was allowed to continue practicing as he was believed to act in good faith
Gillick Mother of 5 girls all under the age of 16, wanted to be informed if her girls asked for the contraceptive pill from the GP. She lost the case at High Court, won the appeal but lost the case in the House of Lords. Girls <16 can be prescribed contraceptives without parental consent as long as they are Fraser competent.
Wilsher v Essex Inexperienced house officer gave a catheter into a vein of a child instead of an artery, which went un-noticed by a senior registrar. Child became blind. On the "balance of probabilities" test, the hospital would not be liable, since it was more likely that one of the alternate risks had caused the injury.
Barnett v Chelsea and Kensington (1969) 3 night watchmen brought into hospital vomiting after drinking tea (tea was laced with arsenic). Nurse and duty doctor sent men home and one died the following day – breach of duty. Claim failed from the widow as it was found that the result would have been the same if they had stayed in hospital as arsenic was only discovered at post mortem. 'But for test'
Tony Bland vs. Airedale NHS Trust (1993) Victim of the Hillsborough disaster, was left in a vegetative state and was the first case to allow death by withdrawal of life prolonging treatment by court