ASSIGNMENT 5

Assignment 5

Assignment 5

1-9 True or False

True

True

False

True

True

False

False

True

True

Items 10 -28 Multiple choce questions

10 a

11 c

12 a

13 a

14 b

15 c

16 a

17 c

18 d

19 a

20 d

21 b

22 a

23 c

24 b

25 b

26 a

27 b

28 c

29-38

Match the terms

29=J

30=H

31=D

32=B

33=I

34=A

35=C

36=E

37=F

38=G

39- 50 Multiple choice

39. D

40. C

41. C

42. B

43. A

44. C

45. A

46. B

47. C

48. C

49. B

50. C

Case 1

With reference to this case Mr. Z is not being handled appropriately. The claimant in a clinical negligence action will be maintaining that “but for” the negligent treatment of the health professional he would have recovered (either fully or partly) from his pre-existing condition. Alternatively he will maintain that his condition was made worse or that injuries unconnected with his condition were caused. Section 3 of Part 1 of the Mental Capacity Act which is entitled 'Persons Who Lack Capacity'.

A person will be deemed unable to make his or her own decisions i.e. lacking capacity, if he/she;

has an impairment of , or a disturbance in the functioning of, their mind or brain and

this renders the person unable to make the specific decision in question

Damage was the gist of the action of negligence Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital ([1985] AC 871, 883H)), but damages could only be awarded if the loss sustained was within the scope of the duty to take care, and the causation issue could not be properly addressed without a clear understanding of that scope.

English law measured the doctor's duty of care when giving advice as to a proposed course of treatment by applying the standard of competent professional opinion: Bolam v Friern Hospital Management Committee ([1957] 1 WLR 582) and Maynard v West Midlands Regional Health Authority ([1984] 1 WLR 634).

Common to all the speeches in Sidaway was a recognition of the fundamental importance of the patient's right to decide whether to accept or reject the treatment proposed by the doctor.

Case2

With regard to the scenario A general respect for autonomy in nursing practice is required as suggested by van Thiel ad van Delden (2001). They point out that respect for autonomy is a core element of normative views on enhanced care services offered. The general research focus on autonomy is on independence and self-determination when it comes to clinical decision-making. However the authors argue that this is too narrow an interpretation of autonomy in the clinical setting and care in the nursing homes are subject to other definitions and influences. The authors indicated form their findings that caregivers in nursing homes seemed to value different notions of respect for autonomy under different situations. They point out that no significant differences have been noted in the opinions of doctors and nurses or between male and female hospital staff. So a necessity for a multidimensional understanding of autonomy considering several related factors and an open-minded attitude to the principle of autonomy are basic factors in the theory for respect to personal autonomy. Considering a team based approach, a circumstantial approach or the importance of nurses' perception in delineating patient autonomy, it ...