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
Identify and discuss the legal issues raised by the facts in the case study. This requires you to:
Consider the facts and identify the legal issues in relation to consent
If Adam and Lilith wish to sue Dr Abel what type of action would that be?
Identify the elements that they need to be prove for the action to be successful?
Describes the standard of proof that would be required for the action to be successful, and who bears the burden of proof?
Describe the defence that Dr Abel 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.
If Adam and Lilith are successful what outcome could they expect?
Ethical Issues
Referring to the Universal Declaration on Bioethics and Human Rights:
Identify three principles that are relevant in this scenario
Describe how the principles apply to the facts in the scenario
Describe where a conflict between these principles may arise by considering the different values of each of the people in the scenario
Describe a process to address this conflict.
Conclusion
A short concluding paragraph that brings it all together.
NB* you are not required to decide whether or not the legal action would be successful – this would be a role for the courts. Just as you will not be able to provide the ‘correct’ or ‘right’ answer to the ethical conflicts you have identified. In the conclusion you need to provide a brief summary of what you have said in the case study report.
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