1-4 of 4 Results  for:

  • Keyword: breach x
  • Medical & Healthcare x
Clear all

Chapter

Cover Medical Law

3. Medical Malpractice  

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.

Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

12. Clinical Negligence  

A. M. Farrell and E. S. Dove

This chapter examines the law of clinical negligence. First, the key elements of making a claim in the tort of negligence are outlined. Examples are then drawn from existing case law in clinical negligence, including the use of innovative techniques, complementary medicine, misdiagnosis, the problem of the novice, negligence in treatment and protecting patients from themselves, as well as wrongful conception, birth, and life claims. The doctrine of res ipsa loquitur is also briefly considered. Thereafter, an overview is provided of key aspects of criminal negligence, before moving on to examine alternatives to clinical negligence litigation, including recent proposals for reform such as the creation of no-fault schemes for medical injury.

Chapter

Cover Medical Law Concentrate

4. Confidentiality and access to medical records  

This chapter examines confidentiality as a fundamental aspect of doctor–patient relationships: its ethical basis and equitable, contractual, and tortious obligations. It then considers the law governing access to medical records and statute that necessitates fair and lawful processing of sensitive personal data and the EU General Data Protection Regulation aimed at harmonising data protection legislation. It discusses exceptions to the duty of confidentiality, including explicit and implied consent, prevention of harm to others, police investigation, public interests, and press freedom. The chapter considers confidentiality with respect to children; adults who lack capacity and deceased patients; remedies available for breach of confidence; access to electronic patient records; and issues raised by genetics-related information.

Chapter

Cover Medical Law Concentrate

2. Medical negligence  

This chapter deals with medical negligence and how claims can be brought in the tort of negligence via three requirements: the defendant owed the claimant a duty of care; the defendant’s performance fell below the standard expected; and that the claimant’s injury was caused by the breach of duty. The duty of care in doctor–patient relationships and in ‘good Samaritan’ situations is considered. The Bolam test is discussed, which is used to judge the standard of care expected from doctors (subject to the Bolitho principle), as well as tests to establish causation, such as the ‘but for’ test. Relevant cases are cited, where appropriate. Criminal negligence is also discussed.