Medical Law Coursework 3 Video Presentation

Medical law 6LAW1062 Coursework 3

In this assessment you are permitted to use GenAI tools (or a proofreader or proofreading service) to proofread your work but you are not permitted to use AI tools in the creation of content for your work.

Coursework 3—Video Presentation - Coursework weighting 40%

Instructions

You are still a trainee solicitor at Cobalt Solicitors, your senior partner Rebecca Vered has been asked by different clients for advice outlined in the questions below.

You have been asked to advise by way of video presentation on only one of the following case studies which explore both legal and ethical issues.

Rebecca Vered will be playing your video to her clients and asks that it does not exceed 8 minutes and must be supported by a full bibliography which is OSCOLA compliant.

Carole explains that you are very welcome to use PowerPoint, but she must be able to see you, as well as hear you. If you use PowerPoint, she suggests you avoid reading off the slides and use the slides as an ‘aide memoir’. You must present in the 'third person’ (X is advised that) and not the 'first person' (for example, I am advising..)

You must provide a bibliography which is OSCOLA compliant.

She urges you to watch the video providing guidance, (to be found in the Units) to support you to do your very best.

She reminds you that it is important to support any ethical issues with academic opinion throughout. Moreover, she reminds you to use reliable sources, such as the recommended textbooks, case law, legislation, Bio News, Bio Edge, Practical Ethics at the University of Oxford, the BMJ, the Journal of Medical Ethics or another academic journal.

 Choose only one of the following questions:

Case No1

Due to a serious medical condition, Anita is unable to carry a baby. Anita and her husband, Idris, have decided to explore the possibility of having a baby via surrogacy and have begun to make enquiries.

They were introduced to a potential surrogate, Maya. Maya is 30 years old and married with two children. She has informed Anita and Idris that she is prepared to act as a surrogate for them on the basis that:

• It is a gestational surrogacy.
• She is paid £10,000 for ‘reasonable expenses, including the costs of maternity clothes, travel to and from her medical appointments, additional childcare for her two children to support pregnancy and clinic/antenatal visits, vitamins, and loss of earnings due to time off work (she is self-employed).
• She receives a ‘reward’ of £50,000 for carrying a baby for them.

1. A) Anita and Idris have asked for your advice so that they can understand:
2. What gestational surrogacy is.
3. If they will be considered the legal parents of the baby born to the surrogate, Maya at birth. If not, how can they become the baby’s legal parents following birth?
4. If they can enter into a surrogacy agreement with Maya and if this will protect them if Maya changes her mind and refuses to hand the baby over following birth.
5. If they can pay Maya to be their surrogate.

1. B) Anita and Idris are upset because a relative told them they think surrogacy is unethical but have not explained why. Please highlight to Anita and Idris some of the arguments made by scholars and ethicists for and against surrogacy.

Please support your answer for A) with the relevant legislation and case law.

For the purposes of this coursework, students should focus on the law as it currently is. Therefore, the Law Commission Proposals will not be relevant to the answer.

Case No2

Adine and Dante live on the Isle of Man. Adine suffers from a terminal illness and have discussed the possibility of assisted dying with Dante on several occasions. Even though the Assisted Dying Bill 2023 is still proceeding through the legislative process, it could pass in 2025, making assisted dying available to Adine from 2027.

You have been asked to advise on both the legal and the ethical issues of assisted dying. (In advising on the legal issues, you will also need to understand the reasoning why previous Bills have failed within England and Wales.)

Case No3

Abdullah, who lives in London, is struggling financially and is increasingly concerned that he will be unable to support his family. Although he understands that selling his kidney is unlawful, he believes that he should have the autonomy to do what his wishes with his body and, selling his kidney for cash would benefit his family. He understands that although the law is clear, the ethical arguments are complex and wishes to understand them in greater depth.

You are asked to advise Abdullah on both the legal and the ethical issues. You are reminded that all ethical arguments must be supported with academic opinion.