Structure:
- exam format and ethics station
- how to get high mark s
- strategy for answering questions
- interactive scenarios
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Exam Format:
Day 1: clinical (32 marks -Performance in clinical is generally poorer than the viva)
Day 2: vivas (more marks - 36 marks)
Ethics & Consent (a big focus) is the 3rd oral station (in same station as sciences, aesthetics)
Ethics is a "marginal gains station"
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Ethics Station
2 Ethics Questions x 2 marks = 4 marks
Difficult to fail if answering sensibly
JCIE has a guideline document on how to do well.
3 important factors: 1. higher-order thinking 2. no prompting 3. supporting evidence and knowledge of literature
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Strategy in Answers in 3 steps:
1. Legal: What does law say? Higher marks will quote statue, case law 2. Medical: what medical implications will your decisions have? Higher marks for quoting papers 3. Ethical: What is good medical practice in this case? Quote Guidelines
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Scenario 1: 16F, BBA, with mum
1. Legal: >16 = diff. legal domain. Age of legal capacity in Scotland, the Family Law Reform Act in England & Wales, Age of Majority Act 1969, Non-Fatal Offenses against the Person Act (Ireland)
(more than just Gillick - statue > case law)
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Scenario 1: 16F, BBA, with mum
2. Medical aspects: Biopsychosocial model, quote papers
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Scenario 1: 16F, BBA, with mum
3. Good Medical Practice: BAAPS Guidlines >18, FDA for >18 for slaine and >21 for silicone
(legal and medically okay, but not always good medical practice - needs to tick all boxes)
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Scenario 2: 14M, Hand, Father refuses consent
1. Legal: Age Legal Capacity in Scot, E/W/NI: Gillick vs West Norfolk
<16 have capacity to consent, depends on maturity + ability to understand
Lowest age: >12 may have views on Tx (in S), E/W/NI: no lower limit in Gillick
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Scenario 2: 14M, Hand, Father refuses consent
2. Medical Aspects: discuss evidence
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Scenario 2: 14M, Hand, Father refuses consent
3/. GMP: Respect the child's autonomy. GMC guidance on 0-18 consent. Take extra steps to discuss concerns with father and try to locate mother
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Scenario 3: 15M, MM on Nose, Refused WLE
1. Legal:
Scot - competent childs refusal no be overridden. Child Act 1955 - 12 or more, presumed to be sufficient
E/W/NI: minors' refusal can be overridden. Law (1992, 1993) criticized
Ireland: No definitive framework
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Scenario 3: 15M, MM on Nose, Refused WLE
2. Medical: Discuss Evidence
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Scenario 3: 15M, MM on Nose, Refused WLE
3. GMP Guidance on 0-18y (Para 31): if a patient continues to refuse, seek legal advice. Respect child's autonomy, assess family dynamic, involve clinical psychology, multiple sessions
Performing cosmetic non-necessary intervention in immature minor when parent disagreement is not good medical practice, would not stand up yo legal scrutiny
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Scenario 5: 35M, controlled schizophrenia, refuses surgery for nec fasc.
1. Legal:
Scot - MHA for emergency detention, Adults with Incapacity Act for Tx admin
E/W - Mental Health & Capacity Acts
NI: Mental Capacity Act
Legal precedent: Re C 1994, 1WLR290 - NB!!
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Scenario 5: 35M, controlled schizophrenia, refuses surgery for nec fasc.
2. Medical Aspects: Discuss evidence and treatment pathways/options
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Scenario 5: 35M, controlled schizophrenia, refuses surgery for nec fasc.
3. GMP - if you & colleagues deem this patient to have the capacity, have to respect autonomy & wishes. work on presumption that all adult patient has capacity. Involve senior colleagues +/- courts
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Scenario 6: Patient confidentiality
1. Legal: Breach of confidentially is allowed (and sometimes required) if there is overriding public interest. A legal minefield - Crime and Disorder Act 1988 (pan-UK), Caldicott Guardians, Adult Support and Protection Act 2007 (Scot)
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Scenario 6: Patient confidentiality
2. Medical: Dicusss management
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Scenario 6: Patient confidentiality
GMC Guidance on Confidentiality.
It would be reasonable to assist the police. If the victim could consent, reasonable to assume that they would do so. There is clear public interest in allowing the police to investigate.