Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States. The test outlined by Article 34 is evidently broad in terms of In Hunter v Mann Boreham J said that a doctor is under a duty not to disclose voluntarily information which he, the doctor, has gained in his professional capacity, save in very exceptional circumstances.
However, in practice, it seems that the circumstances in which information about a patient may be disclosed to others is very far from exceptional. The duty of confidentiality cannot be an absolute obligation, Siegler argues that preserving it may constrict good administration in hospitals, there must be a degree of flexibility as to all. Not available Date submitted: May 06, Coursework ID: With reference to this statement critically discuss the extent to which exceptions to the duty to keep confidences raise challenges for the medical profession.
It is without a doubt that there is no challenge in establishing a general duty of confidence especially in the area of medical law, confidentiality has its roots traced back to the Psychological Injury — Problem Question A coach, full of young children coming back from a day trip to the theatre, is involved in a multiple vehicle pile-up on the motorway, caused by negligent driving of Steve, the driver and owner of one of the cars in the pile-up.
One of the children, Abbey, is seriously injured in the accident. Her foster parents are at work and cannot be contacted immediately. When they eventually get to the hospital, five hours later, they are traumatized by the state in which they find their foster daughter.
Another of the children, Cosmo, was trapped in the wreckage and suffered serious head injuries. Bob, a passing motorist who stopped to help, and Ray an ambulance worker who arrived at the scene, both struggle long and hard to free him. Last week he got into an argument with his neighbour over a trivial matter which culminated in Bob hitting him over the head with a heavy object. The neighbour had died as a result of his injuries and Bob is now facing many years in jail and the loss of his job and family.
Abbey v Steve Abbey would succeed in a claim for the personal injury sustained as Steve owed a duty to every other road user Nettleship v Weston and has clearly fallen below Janet has a black belt in martial arts and was known to be able to take care of herself, she was employed by Rattlecar as a casual night watchperson and had been given strict instructions not to assault or restrain an intruder, at most just to attempt to scare them off, and to trigger the alarm, then immediately call the police.
On the evening in question unknown to Janet, Gordon Bloggs had arranged to collect his car from the premises after work. When he arrived at Rattlecar he was knocked to the ground by Janet, who continued to hit him until Kelvin intervened. Gordon Bloggs was suffered seriously injures while at the premises of Rattlecar. The issues The main issue is whether Rattlecar as employer is vicariously liable for the conduct of Janet, its employee, in respect of the injuries suffered by Gordon Bloggs at the premises of Rattlecar on the date in question.
Rules and Application Sparrow v Tortoise Rattlecar employed Janet as night watchperson as she had a black belt in martial arts and was known to be able to take care of herself April 14, Coursework ID: Alphie, a minor celebrity, was recently admitted to hospital following an accident in which he damaged his leg.
Due to his shock, Alphie lost consciousness shortly after he was brought into the hospital. When he woke therefore, Alphie was missing his toes and was particularly upset that he had not agreed to this. Alphie found this increasingly irritating as he could not sleep. Seeing her opportunity, Susan also blocked the bathroom door with a hospital trolley, trapping Jack in.
Jack was shut in the bathroom for almost 10 minutes, but because he was showering, a hospital porter moved the trolley before he tried to get out.
Jack therefore never realised he was trapped. When he drank some water a few minutes later, Jack fell asleep and felt quite poorly when he woke up. On leaving hospital, Alphie gave an interview to a press reporter. Since he read this in the newspaper, Jack has suffered depression and nightmares for which he has needed medical treatment.
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