Capacity and consent - medical law
2(a) Layla is 16 years old and has been out at the beach at a barbeque with her friends Molly and Dan. Layla has been drinking and smoking marijuana all night and around 11pm she tells her friends she is going home. She is very unsteady on her feet and whilst attempting to cross the road she is hit by a passing car. The driver Ollie gets out, sees Layla is unconscious and calls the emergency services. Layla is taken to Uplands NHS Trust where is she attended by Dr Patel. As Dr Patel is ordering an emergency blood transfusion Layla regains consciousness. She starts screaming at Dr Patel saying "Get away from me, I am not having any needles near me. I know my rights. You cannot touch me". Advise Dr Patel if he can legally treat Layla. How would your answer differ if Layla was 19? Justin is a world-famous singing star who is renowned for his great vocal range. For the past few months he has been experiencing neck pain and a lump like feeling in his throat. He visits Dr Baldwin, a laryngologist who is an expert in voice, airway, and swallowing disorders at Believe NHS Trust. Dr Baldwin diagnoses nodules on Justin's vocal chords and suggests he rest his voice for the next six months. As Justin has a sell-out world tour starting in three months he asks Dr Baldwin if there are any other treatments. Dr Baldwin advised Justin that laser surgery would be an effective solution but as it is an invasive procedure there would be some risks attached to it. Justin tells Dr Baldwin he needs to get back to work as soon as possible so decides to have the surgery. Dr Baldwin performs the surgery competently, but a risk materialises, and Justin is left with a permanent change in the quality of his voice which means that he will never be able to sing falsetto again. Advise Justin about the likely outcome of any claim he may make.2(a) Layla is 16 years old and has been out at the beach at a barbeque with her friends Molly and Dan. Layla has been drinking and smoking marijuana all night and around 11pm she tells her friends she is going home. She is very unsteady on her feet and whilst attempting to cross the road she is hit by a passing car. The driver Ollie gets out, sees Layla is unconscious and calls the emergency services. Layla is taken to Uplands NHS Trust where is she attended by Dr Patel. As Dr Patel is ordering an emergency blood transfusion Layla regains consciousness. She starts screaming at Dr Patel saying "Get away from me, I am not having any needles near me. I know my rights. You cannot touch me". Advise Dr Patel if he can legally treat Layla. How would your answer differ if Layla was 19? Justin is a world-famous singing star who is renowned for his great vocal range. For the past few months he has been experiencing neck pain and a lump like feeling in his throat. He visits Dr Baldwin, a laryngologist who is an expert in voice, airway, and swallowing disorders at Believe NHS Trust. Dr Baldwin diagnoses nodules on Justin's vocal chords and suggests he rest his voice for the next six months. As Justin has a sell-out world tour starting in three months he asks Dr Baldwin if there are any other treatments. Dr Baldwin advised Justin that laser surgery would be an effective solution but as it is an invasive procedure there would be some risks attached to it. Justin tells Dr Baldwin he needs to get back to work as soon as possible so decides to have the surgery. Dr Baldwin performs the surgery competently, but a risk materialises, and Justin is left with a permanent change in the quality of his voice which means that he will never be able to sing falsetto again. Advise Justin about the likely outcome of any claim he may make
