Analysis of Applicable Legal Provisions in Queensland in Case of Pregnancy Below 18 Years Age

[CASE STUDY OF NING (1501 words).]
A registered Health Practitioner can be held liable under the civil law of torts and also under the
provisions pf Health Practitioner Regulation National Law Act, (2009) Queensland for any acts of
misconduct or unprofessional conduct. Further any person suffering injury due to acts of
commission or omission of the Registered Health Practitioner can initiate legal proceedings
against the practitioners.
2019
Name of the university
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ANALYSIS OF APPLICABLE LEGAL PROVISIONS IN QUEENSLAND IN CASE OF PREGNANCY
BELOW 18 YEARS AGE.
(a) Is Parent’s permission necessary for going to a Doctor and is the Doctor required to
inform parents about pregnancy.
After examining the patient, Doctor will have to decide whether Sabrina will be able
to give her consent to medical treatment based on her age, maturity level, any
complications involved in the treatment. Alsowhether she will be able to
comprehend the entire process. If after considering all the aforesaid factors, the
Doctor is of the view that the patient is in a position to give her consent, then he can
keep this information confidential and need not even inform her parents.
However since Sabrina has been assessed as Gillick competent, the Doctor would be
of the view that that she can give her consent.
Gillick competent means that a young person is able to understand a problem, risks
and benefits of treatment and other alternative options, consequences of not taking
treatment and implications on the family. It also means that a Gillick competent
person is able to remember and weigh all pros and cons of the information received
and will be able to take a logical decision. All children of the age of 16 and above are
deemed to be Gillick competent.
(b) Options available on pregnancy.
Sabrina may opt for abortion or after the child is born give the child for adoption or
may even decide to raise the child herself.
Abortion : Since Sabrina has been pregnant for less than 22 weeks she can legally
abort, provided that the Doctor is of the opinion that she is mature enough to
understand the procedures involved.
Adoption : Both the parents have to give their consent for adoption and can change
their decision within 30 days.( Code of Professional Conduct for Nurses in Australia)
Since Sabrina is not willing to provide the name of the father, this option is ruled out.
Raising the Child on her own : Since she wants to keep her pregnancy secret,
therefore this option is also ruled out.
Since Sabrina is Gillick competent, the Doctor most likely will be of theopinion that
she is capable of taking a decision on abortion. Therefore she is not bound to inform
her parents about her pregnancy or her decision on Abortion.

However if the Doctor feels that there are safety issues involved then he is bound to
inform her parents even though Sabrina had requested him not to share this
information with them.
Thus legally the Doctor is bound to inform her parents only if there are safety issues
involved. (Nursing and Midwifery Board, 2003).
Donoghue v Stevenson.
The under mentioned principles laid down by the House of Lords, holds good even today.
(i) No evidence of existence of contract between the plaintiff and the defendant is
required to be produced. He is only required to prove that the negligent acts of
the defendant, has caused him injury or loss of property. Thus both the Doctor
and Ning can be sued by the parents of Sabrina, if it is proved that they have
been negligent in the performance of their duties.
(ii) Due care and skill has to be exercised by Ning and the Doctor in the performance
of their duties. The standard of care and skill expected of themis the same as that
of any practitioner possessing an equivalent level of training and experience.
(iii) If Ning and the Doctor could reasonable foresee that any other person (who is
not a party to the contract) would also be adversely affected, if they are
negligent in the performance of their duties, then such other person can also
initiate legal action against them. Applying the “Neighbour Principle”,
Queensland Health where Ning is employed can also sue the Doctor for harming
their reputation on account of his acts of negligence . Similarly the Registered
Health Practitioners association can sue Ning and Doctor for giving a bad name to
the association on account of their acts of negligence.
(iv) Thus the civil law of tort is also applicable to Ning and Doctor. Further any person
who is adversely affected by their acts of negligence can sue them.
APPLICABLE PROVISIONS OF HEALTH PRACTITIONER REGULATION NATIONAL LAW ACT,
2009 (QUEENSLAND)
Part I, section 5 provides that –
(a) Health practitioner includes the profession of nursing and midwifery.
(b) Professional misconduct means an unprofessional conduct by the Health
practitioner. If the standard of performance is substantially below the standard