Medic Law Essay Example | Topics and Well Written Essays - 1000 words

Medic Law - Essay Example The Mental Capacity Act 2005 does not provide adequate safeguards for incapacitated patients when determining what is their best interest. The act states that; `` decision made or an act done under this act for or on behalf of a person who lacks capacity must be done, or made, in his best interest, ( Section 1 (5) MCA). ’’ Despite, section 4 of the mental capacity act that sets out the checklist that enumerates elements which should be considered when determining the best interests of a patient does not bring the clear meaning of this concept at all. Also, the statutory checklist does not bring forth the clarification on how the various elements will be well-adjusted throughout the progress and assessment of best interest. In the view of making the decision, best interest is frequently contrasted to the surrogate judgment standards; although the previous is believed to set objectives’ benchmarks for making decisions on behalf others. The factors that are in the checklist are not extensive in most cases and so extra elements should be well-thought-out. This is because the checklist considers has five main elements that should be considered in deciding the best interest of a patient. Finally, the mental capacity act does not provide the meaning of best interest and also the term is not included in the mental health act yet this two acts activities go in hand. The purpose of legal regulation of assisted conception and embryology within the United Kingdom is broadly perceived, it assists a social goal. First, regulation is supposed to guarantee the end users that are both the health care providers and the patient that the service will fully suit their needs and it will not lead to moral and cost concerns. In essence, the regulation is all almost dealing with control. Embryology and assisted conception in the UK are regulated by Human Fertilization and Embryology Act 1990. It regulates the profession of medicine, it also controls the collected information as a result of assisted conception, administering techniques, and lastly manages the relation which follows when their children who are born through assisted conception. The Human Fertilisation and Embryology Act 2008 has laid down the regulations which will govern the operation in treatment and research though in this sector of medicine all ethical