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Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

5. Liability for Medical Injury  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

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.

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

11. Civil and Criminal Liability in Reproductive Medicine  

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.