Medical law Essay Example | Topics and Well Written Essays - 2000 words - 1

medical exam checkup law - Essay Exampleng or refusing medical interposition was set out in the case of Gillick v West Norfolk and Wisbeck Area Health Authority.2 In this case, a young girl infra 18 was held to be legally competent to consent to contraceptive treatment and advice because she had enough intelligence to insure the constitution of the treatment.This case has set out a test that assesses the young individuals train of spirit and maturity in regard to the treatment that is being proposed. There is no fixed time at which it is possible to say that a child is mentally capable of empathiseing the nature of medical treatment and therefore capable of providing consent. The competence to consent is thus to be based upon the level of understanding demonstrated by the child. Hence, under this test, minors are effectively presumed to be incompetent unless they fully understand the nature of treatment and its effects, as also the consequences of refusing such treatment.A ccording to Lord Scarman, the children must demonstrate twain understanding of the treatment, as well as the maturity to understand its other implications, such as object lesson and emotional ramifications of the decision3. Such an evaluation of minors to assess whether they are Gillick competent requires a medical practician to determine if the minor is mature enough to provide consent and autonomy in decision making preempt be allowed only when a minor can demonstrate such understanding of the nature and effects of treatment4. However, in contrast to Lord Scarmans views, Lord Fraser stated that a young person is capable of consenting to medical treatment if he or she is able to understand what is being proposed and can express his or her views clearly in this regard. However, this was to be subject to the medical practitioner deeming such treatment or refusal of treatment to be in the patients best interests.5In the case of Re S (A Minor)(Consent to Medical Treatment)6the patie nt S was suffering from thalassaemia, yet continually