legal protection of autonomy

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Ethics homework help
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I have also included the references.
Autonomy is sometimes claimed to be the dominant value in medical law. Discuss the legal protection of autonomy through the regulation of EITHER consent to treatment OR confidentiality.
You should write a maximum of 4000 words.

Component 6
The Duty of Confidence, the Exceptions and the Existence of a Duty to Warn .In the first presentation we begin by introducing some of the terminology and distinguishing confidentiality from privacy. We then consider the ethical justifications for confidentiality, considering three types of argument that support a duty of confidence. The ethical discussion is followed by an exploration of the legal regulation. Although there are a number of relevant statutory provisions, we are primarily concerned with the common law duty. We do, however, note some of the more important statutes. A significant amount of space is dedicated to the exceptions to the duty of confidence and we introduce the concept of the 'public interest', which historically has justified both the duty and the exceptions.
The second presentation looks at the Human Rights Act 1998 and the Data Protection Act 1998, which implemented the EU Data Protection Directive. We cannot cover all of the relevant law since there are just too many statutes that contain provisions relating to the control of information. These are, of course, often particular to the context of the statute. To get an idea, take a look at the Annex of the recent Scottish NHS Code of Practice on managing healthcare records (NB not all are to do with confidentiality): see, http://www.scotland.gov.uk/Publications/2008/07/01082955/6.
In the third presentation we explore the possibility that the healthcare professional may owe a duty to warn those at risk from one of their patients. While in the first presentation we considered whether there was a discretion to disclose the risk posed by a patient, in this discussion we consider whether someone harmed by a patient could successfully claim that the healthcare professional had been negligent in failing to warn them (or a relevent authority) of the danger.
Presentation 11 .Attached Files: Confidentiality (501.5 KB) .
Please note that you are not expected to read all of the material referred to in the slides. The hypertext links provided are an optional resource for you to use if you are interested. .
Cases for Presentation 11 .Behind this link is a list of relevant cases that you should read. Other cases are referred to in the presentations and you could look at them if you have the time.
Reading for Presentations 11, 12(a) and 12(b) .Expected Reading
You are expected to read the material marked **. The other material would be helpful for you to read but there is no expectation that you will do so.
**Mason, J.K. Laurie, G.T. Law and Medical Ethics (8th ed., 2010) Chapter 6 ‘Medical Confidentiality’ 172-208.

**O’Brien, J. Chantler, C. ‘Confidentiality and the duties of care’ (2003) 29 Journal of Medical Ethics 36-40 (Library ejournal).
**Gilbar, R. 'Medical confidentiality within the family: the doctor's duty reconsidered' (2004) 81 International Journal of Law Policy and the Family 195-213 (Westlaw).
**Laurie, G. Gertz, R. 'The worst of all worlds? Common Services Agency v Scottish Information Commisioner' (2009) 13 Edinburgh Law Review 330-334.
**Gavaghan, C. 'A Tarasoff for Europe. A European Human Rights Perspective on the duty to protect' (2007) 30 International Journal of Law and Psychiatry 255-267 (library e-journal)
Dickson, L. 'Police Access to NHS Confidential Records - A Question of Public Interest' [2010] 4 Web Journal of Current Legal Issues (note that s 251 of the NHS Act 2006 applies only to England and Wales)
Gillon, R. ‘Confidentiality’ in: Kuhse, H. Singer, P. (eds) A Companion to Bioethics (1998) Malden (MA): Blackwell Publishing 425-431.
Ginsberg, B. ‘Tarasoff at Thirty: Victim’s Knowledge Shrinks the Psychotherapist’s Duty to Warn and Protect’ (2004) 21 Journal of Contemporary Health Law and Policy 1 (Westlaw US Journals and Law Reviews database).
Buckner, F. ‘“Where the Public Peril Begins” 25 Years after Tarasoff’ (2000) 21 Journal of Legal Medicine 187 (Available on Westlaw as above).
Case, P. ‘Confidence Matters: The Rise and Fall of Informational Autonomy in Medical Law’ (2003) 11 Medical Law Review 208-236 (Library ejournal).
Presentation 12(a) .Attached Files: Module_2_StatutoryProtectionv.2.1.ppt (212 KB) .
Please note that you are not expected to read all of the material referred to in the slides. The hypertext links provided are an optional resource for you to use if you are interested. .
Cases for Presentation 12(a) .Behind this link is a list of relevant cases that you should read. Other cases are referred to in the presentations and you could look at them if you have the time..
Presentation 12(b) .Attached Files: Duty to warn (289.5 KB) .
Please note that you are not expected to read all of the material referred to in the slides. The hypertext links provided are an optional resource for you to use if you are interested. .
Cases for Presentation 12 (b) .Behind this link is a list of relevant cases that you should read. Other cases are referred to in the presentations and you could look at them if you have the time
Assignment Q21070

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