Law and ethics Essay Example | Topics and Well Written Essays - 1000 words

Law and ethics - Essay Example In the case at bar, Jack is already a 72-year-old man, who is at the time of the incident, intoxicated or under the influence of alcohol. Hence, at that precise moment, he cannot validly give consent of refuse a medical treatment which can put his health at risk. Therefore, although Jack is considered a competent adult, the current situation he is into will endanger his life if he refuses to be given a medical treatment taking into consideration his old age. His present medical condition can lead to further complications which can only be prevented by a timely treatment shall to be administered to him. 2. It is important that doctors shall give an assurance that Jack’s condition is stable. A certification coming from a doctor that Jack is out of any danger will justify Jack’s wishes to be left at home and that he is on his way to recovery. In the case of Malette V Shulman, [1991] 2 Med LR 162, Donnelly J., highlights that â€Å"the right to refuse treatment was an inhe rent  component of the supremacy of the patient's right over his own body not  premised on the risks of refusal. ... Details of good medical practice and duties of a doctor can be found at the General Medical website, which can be viewed at . Although Jack is a competent adult who can decide what to do with his own body, it is important that the first priority is the health of Jack and ensure his speedy recovery. It is the duty and responsibility of the doctor to make the care of his patient the main concern. The best interest and welfare of the patient should come first. 11. Although Jack may demonstrate the capability to carry-out a normal conversation, the fact that he is intoxicated and on warfarin is an indication that his present medical condition is unstable. The doctors cannot rely on the decision of Jack to stay at home and refuse treatment because his right to self-determination is impaired and inaccurate. His irrational decision of choosing to stay at home which can lead to internal hemorrhage or blot clot in his head signifies that he is incompetent to make a sound decision to protect h imself. In the case of Re: C (Adult: Refusal of Treatment), [1994], the Supreme Court ruled that he legal test for competence is set out in Justice Thorpe's  decision. â€Å"First is the ability of the patient to comprehend and retain the information; and Secondly, believing  it and Thirdly, weighing it in the balance to arrive at a choice." Here, there is a clear indication that the patient cannot fully understand and comprehend the consequences of his actions and decisions because he is under the influence of drugs (warfarin) and alcohol. Therefore, it is the duty of the doctors and the people surrounding him to make an intelligent decision for Jack, which is to bring him to