This chapter discusses ethical and legal aspects of medical liability. It covers compensation for injury; the basis of medical liability; what constitutes negligence; the problem of the novice; protecting patients from products; protecting patients from themselves; the doctrine of res ipsa loquitur; operational failures; causation; injuries caused by medical products or devices; and criminal negligence.
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G. T. Laurie, S. H. E. Harmon, and E. S. Dove
This chapter discusses ethical and legal aspects of mental health and its management. It covers the evolution of mental health law, paternalism and capacity, and the treatment framework, which includes standards for informal treatment and compulsory treatment, and safeguards of liberty. It also addresses a range of issues from the human rights perspective, and mental disorders and criminality, as well as civil liability.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the law on medical malpractice. It covers breach of contract; establishing a case for negligence and the defences available; problems with clinical negligence; reforming the clinical negligence system; the NHS complaints system; professional regulation; whistleblowing; and criminal liability for gross negligence manslaughter and the new offence of wilful neglect. It also looks at the special issues raised in wrongful pregnancy and wrongful birth cases.
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This chapter discusses the law’s response to medical malpractice. It covers breach of contract; negligence; problems with the clinical negligence system; the NHS complaints system; professional regulation; whistleblowing; criminal liability for gross negligence manslaughter and the new offence of wilful neglect. It also looks at the special issues raised in wrongful pregnancy and wrongful birth cases.
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G. T. Laurie, S. H. E. Harmon, and E. S. Dove
This chapter discusses: the nature of the duty of care in the action for wrongful pregnancy; legal action for wrongful birth; wrongful (or diminished) life actions; and wrongful injury to the fetus and feticide.
Book
Tony Weir
Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. An Introduction to Tort Law offers an exposition to the rapidly developing law of tort in Britain. In its second edition, it provides an up-to-date overview of the current state of tort law now. Many of the areas subjected to analysis and discussion are highly topical, such as the invasion of the privacy of celebrities, and liability for medical mishaps and industrial diseases. On these and many other subjects of relevance in modern society, this title's comments act as a springboard for further study and reflection, as well as presenting an analysis, enlivened by a critical commentary, of the present situation and how we reached it. The second edition includes recent developments in tort law, the most significant of which is the incorporation into English law of the European Convention on Human Rights. This has not only affected the outcome in a number of cases, but also brought about changes in our vocabulary, interpretation of enactments, and treatment of precedent, which are rather less easily documented.
