Briefcase on Medical Law (Briefcase Series) by Alasdair Maclean

By Alasdair Maclean

Clinical legislation is a comparatively new zone of legislations. It attracts on, and overlaps with, many different parts of legislation corresponding to tort, relations legislation, human rights and legal legislation. except this hybrid criminal foundation it's also educated through bioethical concept. This ebook attracts these components jointly to shape a understandable and succinct assessment. The situations - and different suitable fabric - may be associated by means of brief notes that support to provide an explanation for and make clear their felony relevance. a short creation to the moral rules that govern the availability of healthcare presents a framework for contemplating the problems that come up within the circumstances. Following this, correct instances and critical judicial dicta will illustrate the felony principles and rules of every key quarter of healthcare legislations. a few proper statutory fabric might be incorporated as will applicable extracts from specialist our bodies' codes of perform. The booklet presents a quick and simple entry to the real instances in the zone of healthcare legislation. It presents legislations scholars with a important adjunct to extra colossal texts, in addition to being a vital revision software. it is going to even be important to scholars and practitioners of different disciplines for whom clinical legislations is necessary. medical professionals, nurses, different healthcare staff and bioethicists will all locate the booklet a prepared resource of appropriate case legislations.

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7 below). Because of a judicial reluctance to find doctors liable for battery, which has criminal connotations, only gross failures of consent will succeed in battery. Most cases in the UK involve a failure to disclose risks (in the US the physician’s experience has also become an issue, as in Johnson v Kokemoor (1996)) and are brought as claims of negligence. 4 below). 4 below) applied by some US states, Canada and Australia. 1 Competence Re T (Adult: Refusal of Medical Treatment) (1992): The patient must be competent to give consent, but there is a presumption of competence in favour of the patient Facts T, a pregnant woman, was admitted to hospital following a car accident.

This standard is also applicable in Canada and some US jurisdictions. It is arguable that the courts in this country are moving towards that standard of disclosure, but see below. White v Turner (1981): Material risks do not include ‘ordinary’, ‘general’ or ‘obvious’ risks Facts The defendant performed breast reduction surgery on the plaintiff, which left her breasts misshapen and badly scarred.

4 The BMA and the aim of medicine For many patients with serious conditions there comes a stage where no more can be done to save or prolong life and the aim of medicine shifts from curative treatment to keeping the patient comfortable and free from pain … The aim of medicine is not, and should not be, to avoid death for as long as possible, but to recognise and accept what is inevitable and to make the dying process as positive as possible for all concerned (BMA, 2003). CHAPTER 2 CONSENT AND INFORMATION DISCLOSURE The moral basis of consent is founded on the principle of autonomy.

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