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
5. Liability for Medical Injury
G. T. Laurie, S. H. E. Harmon, and E. S. Dove
Chapter
Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428. The document also included supporting commentary from author Craig Purshouse.
Chapter
Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428. The document also included supporting commentary from author Craig Purshouse.
Chapter
4. Consent to Treatment
G. T. Laurie, S. H. E. Harmon, and E. S. Dove
This chapter discusses ethical and legal aspects of patient consent. It covers the limits to consent (including the context of the unconscious patient and adults lacking capacity); the refusal of treatment by capacitous adults and others; the consequences of proceeding without consent; and the negligence action and the vagaries of information disclosure.
Book
Jo Samanta and Ash Samanta
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Medical Law Concentrate provides a study and revision guide aiming to cover the essential aspects of this rapidly changing field of law. Topics covered include: the contemporary healthcare environment; medical negligence; consent; confidentiality; and access to medical records. The volume also looks at abortion and prenatal harm, assisted reproduction, clinical research, and organ transplantation. Finally, it covers mental health law and the end-of-life decisions. The work is underpinned by reference to statutory provisions and the common law. Where appropriate, pertinent bioethical and moral principles that often underpin the law in this area are discussed, as well as the influence of quasi-law. Reference is made to key points of comparison with other jurisdictions, as well as some socio-legal considerations.
Chapter
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bolam v Friern Hospital Management Committee [1957] 1 WLR 582. The document also included supporting commentary from author Craig Purshouse.
Chapter
Bolitho v City and Hackney HA [1998] AC 232
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bolitho v City and Hackney HA [1998] AC 232. The document also included supporting commentary from author Craig Purshouse.
Chapter
Wilsher v Essex Area Health Authority [1988] 1 AC 1074
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Wilsher v Essex Area Health Authority [1988] 1 AC 1074. The document also included supporting commentary from author Craig Purshouse.
Chapter
Gregg v Scott [2005] 2 AC 176
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Gregg v Scott [2005] 2 AC 176. The document also included supporting commentary from author Craig Purshouse.
Chapter
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bolam v Friern Hospital Management Committee [1957] 1 WLR 582. The document also included supporting commentary from author Craig Purshouse.
Chapter
Bolitho v City and Hackney HA [1998] AC 232
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bolitho v City and Hackney HA [1998] AC 232. The document also included supporting commentary from author Craig Purshouse.
Chapter
Wilsher v Essex Area Health Authority [1988] 1 AC 1074
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Wilsher v Essex Area Health Authority [1988] 1 AC 1074. The document also included supporting commentary from author Craig Purshouse.
Chapter
Gregg v Scott [2005] 2 AC 176
Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Gregg v Scott [2005] 2 AC 176. The document also included supporting commentary from author Craig Purshouse.
Chapter
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
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.
Chapter
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.
Chapter
8. The Right to Life
This chapter examines the case-law of the Strasbourg Court related to the right to life. This includes cases concerning the death penalty and the extraterritorial application of the right to life, the prohibition of intentional killing by the State, including deaths in custody and forced disappearances, positive obligations to protect life, the duty to investigate deaths, medical termination of pregnancy and the rights of the unborn child, quality of life and end of life issues, such as euthanasia. The chapter suggests that after a slow start the body of judgments concerning the right to life has become one of the richest and most dynamic of all the Convention case-law.
