Negligence, a Minor¿s Right to Abortion, Euthanasia and Confidentiality in the Doctor-Patient Relationship - Odiwuor, Armstrong O.
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Academic Paper from the year 2024 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: A, Free University of Berlin (Law and legal studies), course: Medical Law, language: English, abstract: This paper addresses three separate case study questions, each examining distinct legal and ethical issues in the medical and legal fields. Case Study 1: Patricia's claim against the NHS involves a misdiagnosis and delays in identifying uterine leiomyosarcoma, a rare cancer. Patricia must establish that the NHS owed her a duty of care, breached that duty, and caused her harm. The…mehr

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Produktbeschreibung
Academic Paper from the year 2024 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: A, Free University of Berlin (Law and legal studies), course: Medical Law, language: English, abstract: This paper addresses three separate case study questions, each examining distinct legal and ethical issues in the medical and legal fields. Case Study 1: Patricia's claim against the NHS involves a misdiagnosis and delays in identifying uterine leiomyosarcoma, a rare cancer. Patricia must establish that the NHS owed her a duty of care, breached that duty, and caused her harm. The misdiagnosis, delays, and withholding of medical records likely constitute breaches of duty. Causation is demonstrated through the "but for" test, showing the delay reduced her survival chances. Damages include compensation for pain, suffering, and financial losses. If Patricia dies before the claim concludes, her estate and dependents can continue the claim under the Fatal Accidents Act and the Miscellaneous Provisions Act 1934. This case highlights ethical concerns about the diagnosis and treatment of rare diseases within the NHS. Case Study 2: James and Ayla face complex decisions regarding their daughter Beatrice's right to an abortion, their infant son Callum's life support, and their uncle Clarence's request for euthanasia. Beatrice, despite objections from her father and boyfriend, has the right to an abortion under the Abortion Act, supported by the principles of Gillick competence. The decision to remove Callum from life support hinges on the best interest analysis, where courts consider medical evidence and quality of life. Clarence's request for euthanasia is illegal under UK law, despite ethical debates about autonomy and suffering. This case explores the balance between legal rights, medical ethics, and personal beliefs. Case Study 3: Sophia, a public figure with strong views on premarital sex, faces a breach of confidentiality by her doctor, Dr. Brown, who disclosed her private medical information to the media. Sophia can seek an injunction to prevent publication, supported by her right to privacy under Article 8 of the ECHR and case laws such as Campbell v. MGN Ltd. The ethical tension between privacy and public interest is examined, with the conclusion favoring Sophia's right to confidentiality given the irrelevance of her private life to her public role. This case emphasizes the importance of confidentiality in the doctor-patient relationship and the ethical boundaries of public interest.
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Autorenporträt
Hello! I'm Armstrong Odiwuor, a versatile professional with over a decade of experience in various fields including teaching, customer service, and freelance writing. Graduating with a Bachelor of Business Management degree from Mt. Kenya University and I have demonstrated academic excellence throughout my education, earning Second Class, First Division Honors. With a passion for both education and business, I embarked on a career in teaching, serving as a High School Teacher. There, I taught Business and Management subjects, fostering a positive learning environment and achieving outstanding academic results. My dedication to student success was recognized when I was awarded the title of Business Teacher of the Year for the best-performing class. Transitioning into the corporate world, I gained valuable experience as a Customer Representative. In this role, I handled customer complaints, provided appropriate solutions, and maintained records of customer interactions, demonstrating strong communication and problem-solving skills. As a freelance writer, I expanded my skill set by contributing articles, research papers, and guides. My expertise in business, management, and finance allowed me to deliver high-quality content tailored to client specifications, while also assisting clients with resume writing and personal statements. In addition to my freelance work, I am an accomplished author and a dedicated blogger. I have published articles and books on various topics, showcasing my ability to engage and captivate audiences through the written word. With a strong foundation in education, a passion for customer service, and a talent for writing, I bring a unique blend of skills and experiences to every endeavor. I'm committed to making a positive impact in their professional endeavors and look forward to continuing to grow and contribute in my future endeavors.