This chapter examines the legal and ethical aspects of medical negligence. It begins with an overview of the law and medical malpractice. It then discusses the law of negligence; the law of contract; medical malpractice litigation in practice; legal costs; the perception that medical negligence litigation is unsatisfactory; the NHS Redress Act 2006; the ‘no fault’ scheme; and the law governing medicines. The law in this area seeks to strike a balance between ensuring patients receive compensation if they have been harmed as a result of bad treatment, and allowing doctors professional freedom to determine which treatment is most appropriate for a particular condition.
Chapter
This chapter examines the legal and ethical aspects of medical negligence. It begins with an overview of the law and medical malpractice. It then discusses the law of negligence; the law of contract; medical malpractice litigation in practice; legal costs; the perception that medical negligence litigation is unsatisfactory; the NHS Redress Act 2006; the ‘no fault’ scheme; and the law governing medicines. The law in this area seeks to strike a balance between ensuring patients receive compensation if they have been harmed as a result of bad treatment, and allowing doctors professional freedom to determine which treatment is most appropriate for a particular condition.
Chapter
This chapter examines the structure of the National Health Service (NHS) and some of the key issues facing those dealing with its management. Topics discussed include policymaking and central planning in the NHS; quality control; commissioning and planning services; the provision of services; structural issues; rationing; health inequalities; the General Medical Council; and efforts to control infectious diseases and prevent illness. The chapter also discusses the complex issue of the rationing of healthcare resources. The case law on the topic is set out and there is a consideration of the ethical issues which are raised when decisions need to be made about who gets medical treatment.
Chapter
This chapter examines the structure of the National Health Service (NHS) and some of the key issues facing those dealing with its management. Topics discussed include policymaking and central planning in the NHS; quality control; commissioning and planning services; the provision of services; structural issues; rationing; health inequalities; the General Medical Council; and efforts to control infectious diseases and prevent illness. The chapter also discusses the complex issue of the rationing of healthcare resources. The case law on the topic is set out and there is a consideration of the ethical issues which are raised when decisions need to be made about who gets medical treatment.
Book
Jonathan Herring
Medical Law and Ethics covers not only the core legal principles, key cases, and statutes that govern medical law, but also explores the key ethical debates and dilemmas that exist in the field to ensure that the law is firmly embedded within its context. The title highlights these debates, drawing angles from other jurisdictions, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as ‘a shock to the system’, ‘public opinion’, and ‘reality check’ introduce further sociological aspects, contributing to the way in which the subject is approached. This new edition also includes a new chapter on the medical law governing children and discussion of the response to the COVID pandemic. It also discusses important developments in the case law governing the Mental Capacity Act, clinical negligence, abortion, and reproduction.
Book
Jonathan Herring
Medical Law and Ethics covers not only the core legal principles, key cases, and statutes that govern medical law, but also explores the key ethical debates and dilemmas that exist in the field to ensure that the law is firmly embedded within its context. The title highlights these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as ‘a shock to the system’, ‘public opinion’, and ‘reality check’ introduce further sociological aspects, contributing to the way in which the subject is approached. This new edition also includes coverage of new Guidance issued by the GMC and the new Protection of Liberty Safeguards. It also outlines important case law developments on the law on mental capacity and euthanasia, including the Alfie Evans and Tafida Raqeeb litigation, case law interpreting the Mental Capacity Act, and the Court of Appeal in Conway.
Chapter
This chapter considers the interim applications that a legal representative may most often come across in practice. It looks at the procedure for the specific interim application. Then it discusses the form of the evidence needed to make or oppose it. The interim applications considered here include an application to set aside default judgment; summary judgment; interim payment; an application for specific disclosure; an application for security for costs; and an application for an injunction.
Chapter
This chapter provides an overview of the contemporary health-care environment, with particular reference to the National Health Service (NHS) and its core principles, as well as its constitution. Access to health services, as set out in section 3(1) of the National Health Service Act 2006, is also discussed, together with the quality of care provided for individuals. In addition, the chapter looks at the findings of the Francis Report, which conducted a public inquiry into acknowledged failings in the Mid Staffordshire NHS Foundation Trust, the government response to the report, and the future of the NHS. In addition, there is a section on public health and the COVID-19 pandemic.
