Critical Discussion on Ethical and Legal Issues in Medicine and Law, Exams of Law

Download Critical Discussion on Ethical and Legal Issues in Medicine and Law and more Exams Law in PDF only on Docsity! Please turn over…. PRIFYSGOL ABERYSTWYTH UNIVERSITY SUPPLEMENTARY DEGREE EXAMINATIONS 2010 DEPARTMENT OF LAW AND CRIMINOLOGY MEDICINE, ETHICS AND THE LAW (LA36720) Time allowed TWO hours Answer TWO questions Candidates are not permitted to bring any books, notes or any other materials into the examination. All answers should give consideration to issues of LAW and ETHICS. 1. "For a woman who does not want to have a child, pregnancy and birth is a severe hardship. To force anyone to endure an avoidable hardship of that kind is contrary to our general belief in promoting individual freedom and choice. Such a denial of freedom could only be justified if there was a very compelling reason for it." With reference to both law and ethics, critically discuss the above statement. 2. Explain and critically comment upon the recently published Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide. 3. “At some stage we have to realise that the state cannot provide us with unlimited health care. This is particularly the case as we grow older and our demands on the National Health Service may increase as a consequence of the ageing process. However, it is also the case when we consider the vast amounts of resources that may be used to keep very premature babies alive when the prognosis many not be good. Surely the time has come to recognise that age provides justifications for denying treatment either to the very young and/or the very old. Unless we do this, it will be impossible to provide the comprehensive health service required by the legislation to other age groups. Age is as good a way of allocating scarce resources.” Critically discuss this statement with reference to the relevant legislation and case law. 4. How does the Mental Capacity Act 2005 define legal capacity? Critically discuss the operation of the „best interests‟ test under the Act in relation to somebody who is deemed to lack capacity. Should the law extend the best interests test to those people who have legal capacity, but make unwise or irrational decisions such as refusing life saving treatment or refusing to undergo a caesarean operation?