2972Nrs: Health Law Assessment Answer

MAS450

Case Study Assignment:

CASE STUDY SCENARIO:

Adam and Eve have been happily married for more than 50 years and have one adult daughter, Lilith. Before they retired Adam worked as an accountant, and Eve was a cosmetics consultant. Although Adam is relatively well for his age he has very poor eye sight. Eve suffers with chronic gastro-oesophageal reflux, recurrent urinary tract infections and diabetes. To help manage her unstable diabetes, Eve is visited three times each week by the community nurse, RN Mary.Eve has always been quite particular about her looks; over the past few years has undertaken several cosmetic surgical procedures, including liposuction a facelift and rhinoplasty. Eve has always had the same surgeon, Dr Abel, perform these procedures and has been very happy with the result on each occasion.During her routine visit, RN Mary notices that Eve appears pale, lethargic and slightly confused. Eve cannot recall Mary’s name or the reason for her visit. RN Mary observes Eve test her blood sugar levels and notes that the reading is normal. She then records Eve’s vital signs, noting a slightly elevated temperature, before assisting Eve to
administer her regular dose of insulin. Concerned that Eve may be developing another urinary tract infection, RN Mary suggests that Eve may need to see her usual GP. Before leaving for the day, RN Mary discusses her concerns with Adam who says that he has also noticed that Eve has recently become quite forgetful. Recalling that Eve had a doctor’s appointment scheduled the next day, Adam assures RN Mary that he will mention these symptoms to the doctor during the consultation.The appointment that Eve had scheduled however was not with her usual GP but with Dr Abel. Eve was keen to have some further cosmetic surgery and had booked an appointment to discuss the possibility of an abdominoplasty. Adam and Eve both attend the consultation with Dr Abel. While Eve is very keen to proceed with the surgery, Adam is a little hesitant. He raises his concerns regarding Eve’s forgetfulness, and her elevated
temperature with Dr Abel. Having known Eve for several years, Dr Abel assures Adam that Eve’s current symptoms are probably due another urinary tract infection and prescribes her a course of antibiotics. Dr Abel then proceeds to arrange Eve’s admission to hospital for the abdominoplasty.

Question:

1.Correctly identifies legal issue in the scenario in relation to consent.

2.Correctly identifies the type of action that Adam and Lilith wish to bring.

3.Correctly identifies the elements of the offence that need to be proved for the action to be successful.

4.Correctly describes the standard of proof that would apply and who has the burden.

5.Correctly describes the defence that could be raised.

a.Students will need to consider the elements of a valid consent and
b.The correct process for obtaining consent in those circumstances when an adult cannot provide it themselves.

How the defence would be applied in this case.

6.Demonstrates an excellent understanding of possible outcomes that could eventuate.

7.Using the Universal Declaration on Bioethics and Human Rights, accurately identifies three relevant principles.

8.Describes how the selected principles apply to the facts in scenario.

9.Describes how a conflict between these principles may arise.

10.Describes a process to address the conflict.

11.The case study report is appropriately structured with a succinct introduction and conclusion. Coherent organisation of ideas presented under appropriate headings.

12.Correct spelling grammar and punctuation. Formatting that is consistent with the School of Nursing
and Midwifery Writing and Referencing guidelines.

13.Evidence of extensive reading and use of relevant materials (case law, legislation, academic journals and text books) to support key points and argument.

14.Correct in-text referencing and reference list consistent with the School of Nursing and Midwifery Writing and Referencing guidelines.