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Medical Law Assignment Sample

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Medical Law Assignment Sample

Introduction

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Issue

From the case study, it is understood that Eliza has two daughters and is separated from her husband. Her elder daughter is mentally immature and her younger daughter who is 13 years old needs vaccines as per the government rule. The main issue arise when Dr Gupta suggested Eliza vaccinate her elder daughter along with her younger one. The elder daughter at times shows some violent attitude and her father agreed to vaccinate her. However, Eliza is a pious and extremely religious-minded woman who believes in natural remedies or cure against any form of the disease. Eliza believes that God’s power is enough to alleviate most of the diseases.
The elder daughter’s name is Candice and she is an adult of 22 years old. However, because of her mental prematurity, she is unable to generate any decisions. As per the respective dr. the advice she possesses a mental age of a 7 years old girl. Therefore, she is unable to go through the consultation program because of a lack of cerebral stability. However, the main issue created by Eliza and not only in the case of her elder daughter, in terms of her younger daughter she showed reluctance to administer. Since it was a new vaccine introduced by the government and Eliza required more information regarding this.
Dr Edge decided to inform and consult about the vaccine directly with the candidate which is Tami and based on her opinion the next procedure will be begun. From a general perspective, it is speculated that an illness is prevalent in the community and the vaccine might work as an immune booster to combat the disease. Since Tami is 13 years old and she does not realise the difference between the cause and effect of the vaccine, therefore, she relies on her parent's decision. Consequently, at this certain point, her mother became adamant and her father showed excitement.

Rules

The rules demonstrate which law or legislation can be applied to eliminate the issue. The rule has to be generalised and applicable for every single personnel. Many organisations such as the Center for disease control and prevention (CDC), the World Health Organisation (WHO) and so forth proposed laws and rely on the judiciary department to apply those legislations acts. For example, different acts and laws are established for the different vaccination programs and the government, stakeholders, general citizens all are obligated to abide by the laws. There are many medical acts established by the governing bodies in the United Kingdom such as the draft Health and Social Care Act 2008 (Regulated Activities) ensures obligatory vaccination for health care workers and front line fighters against any diseases. This law was enforced strongly during the pandemic.
Besides many vaccination policies are developed in the UK and advised by the “Joint Committee on Vaccination and Immunization (JCVI)” which is considered as an independent ” advisory committee” and “the Commission on Human Medicines”. In the UK elementary school and high school vaccination programs or campaigns are usually performed by a standard general medical service contract and conducted through the in-school immunisation voluntary group. During any precarious condition, an additional emergency service system in case of vaccination program was also established by the UK government such as the “UK vaccine task force” which is solely dedicated to service during the special condition in the country such as any type of pandemic. Moreover, in-depth information regarding the program can be collected from the “Parliamentary Office of Science and Technology” that published a regulatory forum on the “Regulatory approval of COVID-19 vaccines in the UK”.
Additionally, as per the WHO’s “European Regional Verification Commission for Measles and Rubella Elimination” law, the UK achieved the measles eradicated status. Furthermore, the government of the UK is planning to set out more vaccination programs and campaigns with free voluntary involvement on the “MMR (measles, mumps and rubella)” elimination process for particularly around 9 to 12 years old children. Afterwards, the “Department of Health and Social Care (DHSC)”, successfully established a 10 years vaccination strategy for everyone from a different background, community and culture which was postponed because of the breakout of Covid-19 in the UK rapidly. In the UK the Vaccination program has become a mandatory process during the pandemic which was obligatory before the pandemic also.
Medical and ethical priorities are divided into two sides where immunisation policies incorporate some level of obligations. The development of two-directional opinions indicated failure of the vaccine rate and many reasons are responsible for this condition such as social stigma, religious dogmatism, and continuous refusal of the parents to administer the vaccine to their children and so on. The mandatory effectiveness of vaccination programs is until now hazy and the impact might be varied from country to country because many other factors are associated with this such as genetic inheritance, geographical condition, food habit, lifestyle and whatsoever.
In the UK the state government already established vaccination requirement related laws for their school children. These laws apply to public, private school going students. However, those who are assigned for the vaccination program need to be immunised first before conducting the vaccination program and follow the laws which are “Public Health Law Program Vaccination Laws, State Vaccination Requirements and Exemptions”andso on. On the other hand, as per the “Health Insurance Portability and Accountability Act,” the volunteer must protect the privacy and confidentiality of the candidate which is commonly known as HIPAA.
Different vaccination laws and rules are constructed by the UK government to ensure 100% vaccination of the children in the UK. Nevertheless. Because of some stereotypical mind-set of parents, this program is not fully accomplished. Moreover, in case of a new vaccination program, the participants or the candidates need to fill out the consent form and the agency or authority must take the responsibility to monitor the consequence. Before the administration of the vaccine, a transparent explanation about the vaccine is necessary to the candidate or in the case of children to their parents until they reach their adult stage. The consent form must include every type of information regarding the immunisation in terms of introducing a new vaccine which must be aligned with the laws.

Analysis

From the analysed issue from the case study, it has been seen that Eliza is a believer in religious matters in which doctors of both daughters, Tami and Candice, are suggesting to take the vaccine. As mentioned in the case study, Eliza's elder daughter named Tami who is 13 years old is also allowed by her Dr. Edge to vaccinate against the circulating disease spreading in the community. She is mentally able to make decisions but her mother is not allowing to take any kind of vaccine against the flu. She is too religious and in her sense the cure of the disease is mitigated by natural remedies. However, the implementation of the vaccine programmes helps in curation of the disease but also have several disadvantages in this process. Tami is confused after knowing the vaccination process from Dr. Edge as she is just 13 years old for taking constant decisions about her life associated with the medical issues. So, she decides to do whatever her parents will decide about this matter. Tami's father, Sid, is showing some interest and allows her to take the vaccine but her mother Eliza is not allowed to vaccinate against this illness circulating in the community. After the advice from the government Dr. Edge has informed Eliza that the government has allowed to vaccinate the children against the disease. This vaccine is new in the medical science so Tami's mother is hesitating to allow her daughters as she needs to know more information about the cause and potential effects in the long term.
Moreover, the younger daughter of Eliza named Candice who is 22 years old but she is mentally 7 years old as she has low IQ and mental disorder. She has Schizophrenia disease in which the person is suffering from low IQ and mental disability in her mind. The vaccination process and child welfare are the two important aspects of the medical field which helps in treating the medical illness of the patient. Therefore, as per the case study it has been seen that Candice is mentally disturbed child but her doctor named Dr, Gupta is allowing her to take the vaccine against the illness that is circulating in the community. As she is premature, she is unable to take any kind of decision regarding the vaccination process by her doctor. The overall issue arises from the instability of Eliza’s younger daughter Candice who is unstable with her mind and activities. Furthermore, her mother is too religious in God; she believes in natural remedies but her father believes in science and he allows to be vaccinated as soon as possible. Dr. Gupta informs Eliza to vaccinate with the same vaccine but she refuses to take vaccination as she is adamant in faithing in God because she believes that most of the illness is cured by the natural remedy and believes in religious matters.
The effectiveness of the diseases is increasing so people have to be aware of communicable diseases as mentioned in the case study. However, the medical exemptions help in experiencing different policies related to the change in the vaccination procedure. The rights and responsibilities concerned with medical care play a vital role in attaining success in the medical field of science. Therefore, there is an impact on the mental abilities in which the child is suffering from the mental illness with low IQ. Bipolar disorder, anxiety and depression are the major cause of the instability of the mind that is evolving nowadays from one person to another. Moreover, the requirements of different laws like the Center for disease control and prevention (CDC), the World Health Organisation (WHO) helps in guiding the public and private awareness among the people. Therefore, the Department of Health and Social Care (DHSC) has the legal principle related to the vaccine which is effective among the children who are suffering from the mental illness also in their lifestyle. The overall report about the process of vaccine success in the experimentation which implies the entire vaccination coverage. The percentage of people who have taken the vaccine is good for their health as compared to the overall population. The draft Health and Social Care Act 2008 is applicable and associated with the case scenario given in the analysis. The Government has responded by analysing measures aimed at increasing immunisation rates for the MMR vaccination among the children.
Several regulatory schemes such as the immunisation program are under the consideration of the issues followed by the process of vaccination. Moreover, vaccination strategies for the people who are suffering from the disease are firstly prioritised to vaccinate themselves in a proper way. The creation of the pandemic every person is mandatory to tackle the COVID-19 vaccine against this disease. However, the majority of vaccines aims to vaccinate among most of the children and the aged person more than 70 years old. According to the World Health Organization (WHO) at least 95% of children are immunised against vaccines which are communicable in nature. The preventable diseases have been analysed by the Department of Health and Social Care (DHSC). The proper sequence is important which helps in up taking of the children vaccination. It has been seen that the in the year 2019-20, is accepted with the exception of DTaP/IPV/Hib vaccine at age 5 of diphtheria, tetanus, pertussis, polio and Haemophilus influenzae type of vaccines in targeting 95% of the involvement. Vaccination is mandatory for all people, especially those already suffering from the different chronic disease in their lifestyle. A vaccination requirement cannot be avoided by a person, which is a requirement for any kind of disease. As mentioned in the case scenario, the child who is suffering from mental illness must follow the guidelines regarding the vaccination which defines the overall process and methods of the vaccination.
The vaccination task force on the UK led an emphasis role in the medical law and legislation of the country. The Government has to make best efforts by ensuring the continued access of each and every individual in their essential services, whether it is in the public or private sector. There is a fact associated with the vaccine which states that there are various negative effects about the vaccination in which there is a chance of sudden death of the person but this occurs very rarely among the people. The ethical laws and principles regarding the medical law are considered to be the most acceptable in the UK which helps in explaining the rules and regulations related to the vaccination process. The implementation of the new vaccine in the competitive market has several potential effects which have been checked by the experimentation process and accepted by the medical science. Furthermore, as per the case scenario there is an occurrence of the two controversies among the public: those who believe in religious matters and those who believe in the medical science extensively. This application of law is valid among the children going to school in the private and public sector. In these public places the rate of infections is high and spreading of the infection flow in a rapid way.
The adoption of the “Regulatory approval of COVID-19 vaccines in the UK” has made an agreement about the consideration of COVID-19 vaccine which led to misinformation between the UK Government and companies associated within the social media. The basic assumptions and approaches towards the vaccine have created an emergence for the curation of the disease especially among children. Moreover, the aim to vaccinate the people is for the cure of the disease and illness against the spareness of the contagious disease. The perspective ideas of different medical conditions are leading towards the inability of the mental illness which is adopted by an individual after the occurrence of the bipolar disorder. Hence, the application of the several laws and legal principles are important to create awareness between the public that aims to observe the medical stability of a person in a specific time. The contract tracing case is seen to have been massive issue as a precautionary measure; PHE identified possible contacts in the UK regarding contact-based approach to categories contacts of monkeypox. By the time of the second incident, even if the vaccine was a effective approach which was applied late because Public Health England did not receive any funding for this incident response.

Conclusion

It can be concluded that the medical law presents the overall view of the basic requirements of the vaccination process among the children in an effective way. Moreover, the identification of the issues and different rules related to the case scenario has been mentioned in this assignment. It has been seen that the analysis of the legal principles is also been determined in this study which play a vital role in the entire process of the vaccination. Different program and immunisation policies help in finding the issues as per given in the case study. Therefore, it has been noticed that the Department of Health and Social Care and Center for disease control and prevention play an essential role in the overall analysis of the case study. The government has also advised to vaccinate the childrens with a specific number of doses in the community. It has been observed that there is an explanation of the “European Regional Verification Commission for Measles and Rubella Elimination '' law in this assignment which helps in achieving the strategy of the vaccination process among the children. The UK government helps in the program in which the participation of the children in the vaccination process leads towards the success in the analysis of the different diseases.

Reference list

Books
Saxena, Shailendra K., ed. Coronavirus disease 2019 (COVID-19): epidemiology, pathogenesis, diagnosis, and therapeutics. USA: Springer nature, 2020.
Larson, Heidi J. Stuck: How Vaccine Rumors Start--and Why They Don't Go Away. Oxford University Press, 2020.

Journals
Dev Chahal, Maria Aleshin, MaminaTuregano, Melvin Chiu, and Scott Worswick. "Vaccine-induced toxic epidermal necrolysis: a case and systematic review." (2018) 24 DOJ 1.
Haynes Barton. ‘A new vaccine to battle Covid-19’ (2021) 384 NEJM 5, 470-471.
Marc Lipsitch. ‘Challenges of vaccine effectiveness and waning studies." (2019) 68 CID 10, 1631-1633.
Paul D Thacker. "Conflicts of interest among the UK government’s covid-19 advisers." bmj 371 (2020).
Chadwick, Andrew, Johannes Kaiser, Cristian Vaccari, Daniel Freeman, SinéadLambe, Bao S. Loe, Samantha Vanderslott et al. "Online social endorsement and Covid-19 vaccine hesitancy in the United Kingdom." (2021)  7 SMS 2, 20563051211008817.
Amir Hussain, Ahsen Tahir, Zain Hussain, Zakariya Sheikh, Mandar Gogate, Kia Dashtipour, Azhar Ali, and Aziz Sheikh. ‘Artificial intelligence–enabled analysis of public attitudes on facebook and twitter toward covid-19 vaccines in the united kingdom and the united states: Observational study." (2021) 23 JMIR 4, e26627.
Laith J. Abu-Raddad, , Hiam Chemaitelly, Hadi M. Yassine, Fatiha M. Benslimane, Hebah A. Al Khatib, Patrick Tang, Joel A. Malek et al. "Pfizer-BioNTech mRNA BNT162b2 Covid-19 vaccine protection against variants of concern after one versus two doses." J Travel Med. Published online May 28 (2021).
Allan, Kate, and Eliza Livingston. "Vaccination and Child Welfare: Does vaccine hesitancy constitute medical neglect?." (2021).
Eraña-Rojas, Irma Elisa, Mildred Vanessa López Cabrera, Elena Ríos Barrientos, and Jorge Membrillo-Hernández. "A challenge based learning experience in forensic medicine." (2019), 68 JFLM 101873.
Wenjie Zhang, Hongdao Meng, Shujuan Yang, and Danping Liu. "The influence of professional identity, job satisfaction, and work engagement on turnover intention among township health inspectors in China."  (2018)15 IJPRPH 5, 988. Available at: https://www.mdpi.com/1660-4601/15/5/988/pdf
Neal D. Goldstein, Joanna S. Suder, and Jonathan Purtle. "Trends and characteristics of proposed and enacted state legislation on childhood vaccination exemption

Online Articles
Mungwira, Randy G., Christine Guillard, AdielaSaldaña, Nobuhiko Okabe, Helen Petousis-Harris, EdinamAgbenu, Lance Rodewald, and Patrick LF Zuber. "Global landscape analysis of no-fault compensation programmes for vaccine injuries: a review and survey of implementing countries." PloS one 15, no. 5 (2020): e0233334. Available at: https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0233334
Mohanty, Salini, Alison M. Buttenheim, Caroline M. Joyce, Amanda C. Howa, Daniel Salmon, and Saad B. Omer. "Experiences with medical exemptions after a change in vaccine exemption policy in California." Pediatrics 142, no. 5 (2018). Available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6314187/
Zhai, Yusheng, Tammy A. Santibanez, Katherine E. Kahn, Carla L. Black, and Marie A. de Perio. "Paid sick leave benefits, influenza vaccination, and taking sick days due to influenza-like illness among US workers." Vaccine 36, no. 48 (2018): 7316-7323. Available at: https://www.ncbi.nlm.nih.gov/pmc/articles/pmc6433122/
Vaughan, Aisling, Emma Aarons, John Astbury, Sooria Balasegaram, Mike Beadsworth, Charles R. Beck, Meera Chand et al. (2018) "Two cases of monkeypox imported to the United Kingdom, September 2018."  2 E 38, 1800509.

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