Assessment is to answer 3 questions: the 3 rounds up to a total of 100 marks. Consider Human Rights into answers. Use relevant case law/summaries, judges landmark statements, legislation, and scholars’ theories to support your answer.
Work must be Distinction / High Merit Level. Thank you.
• 1) ‘Doctors and lawyers sharply disagree with one another when it comes to tortious liability for medical negligence. For doctors, the law is fundamentally wrong because it fails to see the […] difference in the moral landscape between claims against doctors and other types of defendant […]: by suing a doctor, you are “biting the hand that saves you”. […] Lawyers, by contrast, tend to say that the law of tort unfairly singles doctors out for preferential treatment. The Bolam test of negligence enables them to set their own standards of behaviour, and indeed to set them low […]’
J.R. Spencer, reviewing Errors, Medicine and the Law, by Merry and McCall Smith, C.L.J. 2003, 62(3), 782-784 Critically evaluate this statement in the context of medical negligence.
• 2) Critically examine the proposition that persons should be free in law to obtain assistance in dying.
• 3) (a) A famous popstar, Dustin Bleeper, is photographed by a tabloid newspaper, as he leaves an Alcoholics Anonymous (AA) meeting. The newspaper publishes the photographs along with a story about Bleeper’s ongoing battle with alcohol. The story is true but something that Bleeper has tried hard to keep private. He has recently given an interview in which he stated that, contrary to popular belief, he has never drunk alcohol in his life.
(b) At a dinner party, a doctor and a chiropractor realise they both have a patient, Barbara, in common. The doctor mentions to the chiropractor that Barbara once had an abortion. The chiropractor later tells this to his wife, who knows Barbara’s husband, Derek. The chiropractor’s wife tells Derek about the abortion. Derek, who had known nothing of this before, is devastated, and his marriage to Barbara is now under significant strain as a result.
(c) During therapy, Gary tells his psychiatrist, Norma, that he plans to rape his wife that night. Advise the parties in each case as to the legal confidentiality issues arising.
Would your answer to (c) be different if Gary had told Norma that he planned to harm his wife’s pet cat? Use relevant case law, legislation, and scholar’s theories to support your answer.
Type Of Service: Academic paper writing
Type of Assignment: Essay
Pages / Words: 6/3300
Number of sources: 50
Academic Level: Master’s
Paper Format: Harvard
Line Spacing: Single
Language Style: UK English