Medical and Family Law

Questions: Part A: Medical Law (a) Ever since she won 2m. On the National Lottery last month, the three-months pregnant Miss Wirewaist, aged 30, has been smoking like a chimney and drinking vodka like a fish. She has also been ignoring all medical advice given her. She wants to know whether, in order to protect the life of the foetus (her unborn child), she can lawfully be compelled to stop smoking and drinking alcohol. Advise her. (b) Miss Wirewaist has also expressly stated that she does not want her hospital, where she attends for treatment for her knee, to use her medical records for the purposes of research and annual audit, unless she is paid a generous fee. Advise her and the hospital authorities. (c) Mrs. Stricta has just found out that her family doctor, Dr. Conscience, has put her 15-year-old daughter, May, on contraceptive pills without her (Mrs. Stricta)s consent. Mrs. Stricta is furious and wants to take legal action against Dr. Conscience. Advise Mrs Stricta. Part B: Family Law It is impossible to provide a single definition of marriage. Indeed, one approach is to say that one cannot define marriage because marriage is whatever the parties to a marriage take it to mean. Discuss the ways in which the law seeks to provide a viable definition of marriage within family law. Answer: Part A: Medical Law: (a) The given case states that Miss Wirewaist, is a pregnant women who is continuously involved in smoking and drinking. This activity is extremely harmful for her health and primarily for the health of her fetus. According to the Congenital Disabilities (Civil Liability) Act 1976 if a child is born disabled a third party defendant can be sued for damages for those disabilities when they are caused by the defendants tortious act. The act provides that if disabilities of child are a result of the wrongful act of parent, then the mother is also responsible. However, in the case of S v St. Georges Hospital, the Court of Appeal stated that until a fetus is born it has no rights that prevail against the mothers rights. This landmark Women's charities warn court case was brought by the local government authorities in UK where a six-year old girl was affected by fetal alcohol syndrome due to her mothers excessive drinking. One of the vital issues in the case was that the fetus has a different legal and biological entity and hence can be considered as a victim of crime. The council held that the mother had committed a crime under the Offences Against the Persons Act 1861 for drinking during her pregnancy. In this case the court of Appeal held that any young child is not entitled to any criminal injuries compensation due to the drinking habits of the mother while she was pregnant. The Court further stated that any pregnant mother who is drinking heavily despite knowing of the possible harm to her child will not be held guilty of any criminal offence under the laws of the country even if the child is subsequently born damaged. Hence the advice that should be given to Miss Wirewaist is that presently after the decision of the court of appeals there is no law that forces pregnant women to quit smoking or drinking. (b) Miss Wirewaist attends treatment for her knee in a hospital and she expects that the hospital would not use her medical records for the purpose of research or audit unless a generous fee has been given to her. According to the Good Clinical Practice standards presently GCP has become a legal obligation in UK. The laws state that informed consent is required from all the participants before any research is done and adequate information about the benefits and risks should be given to the patients. According to Medicines for Human Use (Clinical Trials) Regulations 2004 a favorable opinion needs to be obtained from the ethics committee and licensing authority. Hence accordingly, hospital does not have any right to use the medical records of Miss. Wirewaist without the Miss Wirewaists permission and in accordance to her terms. (c) With regard to the consent of the parent for giving contraceptives to the child a rule developed as to whether a child of 16 years or younger has the capacity to consent to her medical treatment without parental knowledge. In the case of Gillick v West Norfolk and Wisbech Area Health Authority [1985], a health departmental circular advised the doctors on the contraception of minors. The released circular stated that the contraception prescription was at the discretion of the doctor such could be prescribed without parental consent. The House of Lords ruled in the case that the issue consent was more vital than the rights of the parents. Other than safeguarding the interests of the minor the parents rights did not exist and it was held that a minor has the right to consent and parents cannot veto such consent. Hence accordingly, in the given case, Mrs. Stricta cannot take legal actions against Dr. Conscience according to the prevailing medical laws in the United Kingdom. Part B: Family Law Some of the basic elements of a family are marriage or the relationship between two adults, the presence of children, resource sharing, continuity over time and the connections with other kin. Throughout the years the definition of marriage and how marriage observed by different generations has gone through a number of changes. With the changes in the conception of marriage the laws relating to marriage has also undergone changes. The United Kingdom has marriage laws that recognize all forms of marriage including civil and religious unions. The marriage laws are applicable to the opposite sex as well as the same sex couples. According to the rules of marriage in United Kingdom, the minimum age to enter into a valid marriage is sixteen years. However, till the age of eighteen the consent of the parents is necessary. In the case of religious marriages in most cases it is conducted by religious celebrants who are authorized to do so and civil marriages are conducted generally by the state registrar. In England and Wales the marriage laws are quite separate from other jurisdiction. Till the 18th century marriages were allowed to take place in any place as long as they were conducted by the appropriate clergyman from the Church of England. As a result of this a number of secret marriages used to take place during these times and those were often bigamous. The Civil Partnership Act was passed in 2004 and that gave the couples from the same sex the legal rights and responsibilities similar to that of the married heterosexual couples. The Act further states the formal procedures that is necessary for the dissolution of the partnerships similar to the rules of divorce. Later in the year 2013, the parliament passed the Same Sex Marriage Act that legalized the same sex marriage in England and Wales. In order to incorporate all the different forms of marriage and regulations in these categories the United Kingdom has elaborate laws that intend to cover all the important aspects in relation to marriage. One of the early laws relating to marriage was the Marriage Act 1949 that governed all the formalities essential for entering a legally enforceable marriage. The Matrimonial Causes Act 1973 states that a marriage can be brought to an end in accordance with section 11 where grounds are provided for the marriage to be void and in accordance to section 12 which states the grounds for the marriage to be voidable. The Family Law Act 1996 provides for the modernized divorce laws and nullity as a remedy was abolished in the country. The regulations on marriage also include the Forced Marriage Protection Act 2007 which attempts to legitimize the children born who are born out of voidable marriages. This includes those children who were born out of void marriages where at least one parent believed the marriage to be valid during the time of conception. The divorce laws are also provided which gives a number of grounds on which divorce can be sought. Divorce can be sort as a result of no consummation resulting from incapacity, result of non-consummation resulting from refusal. This clause is subject to the fact that marriage must have happened and ordinary completion of intercourse. Divorce can also be given resulting from lack of consent due to mistake, duress, unsoundness of the mind, or due to identity or the parties or the nature of ceremonies. Divorce can also be sought under section 12 (d) for mental disorder, under section 12 (e) for venereal disease and under section 12 (f) for pregnancy per alium. Hence it can observed from the laws relating to marriage and divorce that the family laws in United Kingdom intend to construe a feasible definition of marriage through these rules and regulations that meet the demands of the present and future generations. 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