Case Study Scenario 1
Your essay is to be written in an academic style with appropriate grammar, sentences and paragraphs. You are not required to number each of the paragraphs, and you should not use dot points. You should structure your essay as follows and answer the legal and ethical questions included below. Introduction A short introductory paragraph that outlines what you will be presenting in your case report. You do not need to include a detailed account of the facts in the scenario; the markers are aware of the facts and this is an unnecessary use of words. Legal Issues Using structured sentences and paragraphs, answer the following questions in relation to the legal issues around consent, raised by the case.
1. If Joseph and Cindy decided to sue Dr Lin, what type of legal action would that be? What are the elements of the offence that Joseph and Cindy need to prove for the action to be successful? What is the standard of proof required in this case?
2. Describe the defence that Dr Lin could raise. This includes describing the elements of a valid consent (with supporting case law and legislation), and the process for obtaining consent in those circumstances when an adult cannot provide it themselves.
3. What are the possible outcomes of this case?Ethical Issues With reference to Beauchamp and Childress’ (2009) four principles of bioethics:
4. Identify two principles that are relevant in this scenario and describe how they apply to the facts in the scenario.
5. Describe where a conflict between these principles may arise by considering the different values of stakeholders in the scenario.
6. Apply the Kerridge et al. (2013) model for ethical problem solving to address the conflict.
Conclusion Write a short concluding paragraph that brings it all together. NB* you are not required to decide the outcome of this case – in relation to the legal issues this would be a role for the courts. In relation to the ethical issues, there will not be one “right” answer, so the focus for this task is the process that you are being asked to apply
