Clinical Guidelines And The Law Of Medical Negligence

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Clinical Guidelines and the Law of Medical Negligence

Author : Jo Samanta
Publisher : Edward Elgar Publishing
ISBN 13 : 9781789908886
Total Pages : 368 pages
Book Rating : 4.9/5 (88 download)

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Book Synopsis Clinical Guidelines and the Law of Medical Negligence by : Jo Samanta

Download or read book Clinical Guidelines and the Law of Medical Negligence written by Jo Samanta and published by Edward Elgar Publishing. This book was released on 2021-10-28 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically considers the dynamic relationship between clinical guidelines and medical negligence litigation, arguing that a balance must be struck between blinkered reliance on guidelines and casual disregard. It explores connections between academic law and professional practice, bringing together an array of perspectives which reveal that although guidelines may not be dispositive, they nonetheless play an important role in medical negligence law. The chapters provide compelling insights from academics, lawyers, barristers, doctors and healthcare professionals into the use of guidelines in determining the legal standard for breach of duty, thereby contributing to a holistic understanding of guideline usage in this area of law. Sociological considerations along with empirical findings are used to underpin these concepts. While focusing on the UK, contributors draw upon international law including that from the United States, South Africa, the Netherlands and other countries. Based on this analysis the conclusion offers a theoretical framework for practical application illustrated by a case-based discourse. This book makes a significant contribution to the knowledge base in the subject area. It is an essential read for legal academics and lawyers working in medical and health law, as well as for doctors and other healthcare professionals. It will be a key reference point for medical regulators, health organisation policymakers and clinical governance teams.

Clinical Guidelines and the Law of Medical Negligence

Author : Samanta, Jo
Publisher : Edward Elgar Publishing
ISBN 13 : 1789908892
Total Pages : 368 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Clinical Guidelines and the Law of Medical Negligence by : Samanta, Jo

Download or read book Clinical Guidelines and the Law of Medical Negligence written by Samanta, Jo and published by Edward Elgar Publishing. This book was released on 2021-10-26 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically considers the dynamic relationship between clinical guidelines and medical negligence litigation, arguing that a balance must be struck between blinkered reliance on guidelines and casual disregard. It explores connections between academic law and professional practice, bringing together an array of perspectives which reveal that although guidelines may not be dispositive, they nonetheless play an important role in medical negligence law.

Clinical Guidelines and the Law

Author : Brian Hurwitz
Publisher : CRC Press
ISBN 13 : 1315345951
Total Pages : 156 pages
Book Rating : 4.3/5 (153 download)

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Book Synopsis Clinical Guidelines and the Law by : Brian Hurwitz

Download or read book Clinical Guidelines and the Law written by Brian Hurwitz and published by CRC Press. This book was released on 2018-05-08 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guidelines are powerful instruments of assistance to clinicians, capable of extending the clinical roles of nurses and pharmacists. Purchasers and managers perceive them as technological tools guaranteeing treatment quality. Guidelines also offer mechanisms by which doctors and other health care professionals can be made more accountable to their patients. - But how can clinicians tell whether a guideline has authority, and whether or not it should be followed? - Does the law protect doctors who comply with guidelines? - Are guideline developers liable for faulty advice? This timely book provides a comprehensive and accessible analysis of the many medical and legal issues arising from the current explosion of clinical guidelines. Featuring clear summaries of relevant UK, US and Commonwealth case law, it is vital reading for all doctors, health care workers, managers, purchasers, patients, and lawyers.

Big Data, Health Law, and Bioethics

Author : I. Glenn Cohen
Publisher : Cambridge University Press
ISBN 13 : 110815364X
Total Pages : 374 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Big Data, Health Law, and Bioethics by : I. Glenn Cohen

Download or read book Big Data, Health Law, and Bioethics written by I. Glenn Cohen and published by Cambridge University Press. This book was released on 2018-03-08 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: When data from all aspects of our lives can be relevant to our health - from our habits at the grocery store and our Google searches to our FitBit data and our medical records - can we really differentiate between big data and health big data? Will health big data be used for good, such as to improve drug safety, or ill, as in insurance discrimination? Will it disrupt health care (and the health care system) as we know it? Will it be possible to protect our health privacy? What barriers will there be to collecting and utilizing health big data? What role should law play, and what ethical concerns may arise? This timely, groundbreaking volume explores these questions and more from a variety of perspectives, examining how law promotes or discourages the use of big data in the health care sphere, and also what we can learn from other sectors.

Malpractice and Medical Liability

Author : Santo Davide Ferrara
Publisher : Springer Science & Business Media
ISBN 13 : 3642358314
Total Pages : 374 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Malpractice and Medical Liability by : Santo Davide Ferrara

Download or read book Malpractice and Medical Liability written by Santo Davide Ferrara and published by Springer Science & Business Media. This book was released on 2013-04-11 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical responsibility lawsuits have become a fact of life in every physician’s medical practice. However, there is evidence that physicians are increasingly practising defensive medicine, ordering more tests than may be necessary and avoiding patients with complicated conditions. The modern practice of medicine is increasingly complicated by factors beyond the traditional realm of patient care, including novel technologies, loss of physician autonomy, and economic pressures. A continuing and significant issue affecting physicians and the healthcare system is malpractice. In the latter half of the 20th century, there was a major change in the attitude of the public towards the medical profession. People were made aware of the huge advances in medical technology, because health problems increasingly tended to attract media interest and wide publicity. Medicine is a victim of its own success in this respect, and people are now led to expect the latest techniques and perfect outcomes on all occasions. This burst of technology and hyper-specialization in many fields of medicine means that each malpractice claim is transformed into a scientific challenge, requiring specific preparation in analysis and judgment of the clinical case in question. The role of legal medicine becomes more and more peculiar in this judicial setting, often giving rise to erroneous interpretations and hasty scientific verdicts, but guidelines on the methodology of ascertainments and criteria of evaluation are lacking all over the world.The aim of this volume is to clarify the steps required for sequential in-depth analysis of events and consequences of medical actions, in order to verify whether, in the presence of damage, errors or non-observance of rules of conduct by health personnel exist, and which causal values and links of their hypothetical misconduct are involved.

Clinical Negligence Made Clear

Author : Nigel Poole QC
Publisher : Bath Publishing Limited
ISBN 13 : 1739099257
Total Pages : 443 pages
Book Rating : 4.7/5 (39 download)

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Book Synopsis Clinical Negligence Made Clear by : Nigel Poole QC

Download or read book Clinical Negligence Made Clear written by Nigel Poole QC and published by Bath Publishing Limited. This book was released on 2019-10-31 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clinical Negligence claims currently cost the NHS over £2 billion every year. Litigation is time-consuming, expensive and stressful for all involved. For those whose lives have been changed dramatically as a result of negligent medical treatment, bringing a claim may be the only means of obtaining redress for the harm done to them. But the process of litigation can be a bewildering and sometimes hostile experience. For many healthcare professionals the fear of litigation is a real concern and there is deep anxiety that litigation contributes to an unhealthy, even dangerous culture of blame. Clinical Negligence Made Clear: A Guide for Patients and Professionals is an attempt by one the country’s leading clinical negligence practitioners to help all those who might be affected by such cases to understand what is involved and thereby to reduce the cost and emotional impact of clinical negligence litigation. In concise, accessible language Nigel Poole QC charts how clinical negligence has evolved, its place within the justice system and how compensation is assessed explains ten core legal principles of clinical negligence such as the doctor’s duty of care and the standards expected of healthcare professionals sets out how a claim proceeds and what happens before and during a trial focuses on specific common areas of clinical negligence claims such as wrongful birth, delays in cancer treatment and cosmetic surgery looks to the future and asks whether the current system is sustainable The aim is to provide an intelligent but accessible guide for patients, doctors, nurses, therapists, expert witnesses, and healthcare managers so that those caught up in legal proceedings have a realistic view of the impact they will have and a clearer understanding of when a dispute might be best resolved early. No doubt it will also provide a lively introduction to the subject for students, trainees and lawyers looking to move into clinical negligence work.

Defensive Medicine and Medical Malpractice

Author :
Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Defensive Medicine and Medical Malpractice by :

Download or read book Defensive Medicine and Medical Malpractice written by and published by . This book was released on 1994 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Improving Diagnosis in Health Care

Author : National Academies of Sciences, Engineering, and Medicine
Publisher : National Academies Press
ISBN 13 : 0309377722
Total Pages : 473 pages
Book Rating : 4.3/5 (93 download)

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Book Synopsis Improving Diagnosis in Health Care by : National Academies of Sciences, Engineering, and Medicine

Download or read book Improving Diagnosis in Health Care written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2015-12-29 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Getting the right diagnosis is a key aspect of health care - it provides an explanation of a patient's health problem and informs subsequent health care decisions. The diagnostic process is a complex, collaborative activity that involves clinical reasoning and information gathering to determine a patient's health problem. According to Improving Diagnosis in Health Care, diagnostic errors-inaccurate or delayed diagnoses-persist throughout all settings of care and continue to harm an unacceptable number of patients. It is likely that most people will experience at least one diagnostic error in their lifetime, sometimes with devastating consequences. Diagnostic errors may cause harm to patients by preventing or delaying appropriate treatment, providing unnecessary or harmful treatment, or resulting in psychological or financial repercussions. The committee concluded that improving the diagnostic process is not only possible, but also represents a moral, professional, and public health imperative. Improving Diagnosis in Health Care, a continuation of the landmark Institute of Medicine reports To Err Is Human (2000) and Crossing the Quality Chasm (2001), finds that diagnosis-and, in particular, the occurrence of diagnostic errorsâ€"has been largely unappreciated in efforts to improve the quality and safety of health care. Without a dedicated focus on improving diagnosis, diagnostic errors will likely worsen as the delivery of health care and the diagnostic process continue to increase in complexity. Just as the diagnostic process is a collaborative activity, improving diagnosis will require collaboration and a widespread commitment to change among health care professionals, health care organizations, patients and their families, researchers, and policy makers. The recommendations of Improving Diagnosis in Health Care contribute to the growing momentum for change in this crucial area of health care quality and safety.

The Medical-Legal Aspects of Acute Care Medicine

Author : James E. Szalados
Publisher : Springer Nature
ISBN 13 : 3030685705
Total Pages : 694 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis The Medical-Legal Aspects of Acute Care Medicine by : James E. Szalados

Download or read book The Medical-Legal Aspects of Acute Care Medicine written by James E. Szalados and published by Springer Nature. This book was released on 2021-04-02 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Medical-Legal Aspects of Acute Care Medicine: A Resource for Clinicians, Administrators, and Risk Managers is a comprehensive resource intended to provide a state-of-the-art overview of complex ethical, regulatory, and legal issues of importance to clinical healthcare professionals in the area of acute care medicine; including, for example, physicians, advanced practice providers, nurses, pharmacists, social workers, and care managers. In addition, this book also covers key legal and regulatory issues relevant to non-clinicians, such as hospital and practice administrators; department heads, educators, and risk managers. This text reviews traditional and emerging areas of ethical and legal controversies in healthcare such as resuscitation; mass-casualty event response and triage; patient autonomy and shared decision-making; medical research and teaching; ethical and legal issues in the care of the mental health patient; and, medical record documentation and confidentiality. Furthermore, this volume includes chapters dedicated to critically important topics, such as team leadership, the team model of clinical care, drug and device regulation, professional negligence, clinical education, the law of corporations, tele-medicine and e-health, medical errors and the culture of safety, regulatory compliance, the regulation of clinical laboratories, the law of insurance, and a practical overview of claims management and billing. Authored by experts in the field, The Medical-Legal Aspects of Acute Care Medicine: A Resource for Clinicians, Administrators, and Risk Managers is a valuable resource for all clinical and non-clinical healthcare professionals.

Approaching Death

Author : Committee on Care at the End of Life
Publisher : National Academies Press
ISBN 13 : 0309518253
Total Pages : 457 pages
Book Rating : 4.3/5 (95 download)

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Book Synopsis Approaching Death by : Committee on Care at the End of Life

Download or read book Approaching Death written by Committee on Care at the End of Life and published by National Academies Press. This book was released on 1997-10-30 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the end of life makes its inevitable appearance, people should be able to expect reliable, humane, and effective caregiving. Yet too many dying people suffer unnecessarily. While an "overtreated" dying is feared, untreated pain or emotional abandonment are equally frightening. Approaching Death reflects a wide-ranging effort to understand what we know about care at the end of life, what we have yet to learn, and what we know but do not adequately apply. It seeks to build understanding of what constitutes good care for the dying and offers recommendations to decisionmakers that address specific barriers to achieving good care. This volume offers a profile of when, where, and how Americans die. It examines the dimensions of caring at the end of life: Determining diagnosis and prognosis and communicating these to patient and family. Establishing clinical and personal goals. Matching physical, psychological, spiritual, and practical care strategies to the patient's values and circumstances. Approaching Death considers the dying experience in hospitals, nursing homes, and other settings and the role of interdisciplinary teams and managed care. It offers perspectives on quality measurement and improvement, the role of practice guidelines, cost concerns, and legal issues such as assisted suicide. The book proposes how health professionals can become better prepared to care well for those who are dying and to understand that these are not patients for whom "nothing can be done."

Evidential Uncertainty in Causation in Negligence

Author : Gemma Turton
Publisher : Bloomsbury Publishing
ISBN 13 : 1509900330
Total Pages : 419 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Evidential Uncertainty in Causation in Negligence by : Gemma Turton

Download or read book Evidential Uncertainty in Causation in Negligence written by Gemma Turton and published by Bloomsbury Publishing. This book was released on 2016-05-19 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Medical Malpractice: Understanding The Law, Managing The Risk

Author : Tan Siang-yong
Publisher : World Scientific Publishing Company
ISBN 13 : 9813106654
Total Pages : 364 pages
Book Rating : 4.8/5 (131 download)

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Book Synopsis Medical Malpractice: Understanding The Law, Managing The Risk by : Tan Siang-yong

Download or read book Medical Malpractice: Understanding The Law, Managing The Risk written by Tan Siang-yong and published by World Scientific Publishing Company. This book was released on 2006-01-23 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook is about the law of medical malpractice and how to prevent a malpractice lawsuit. It grew out of an earlier book covering medical negligence in Singapore. The book's primary goal is to provide a clear and simple explanation of the American law of medical malpractice, informed consent and risk management. Written with the clinician in mind, it is legally uncomplicated without being overly simplistic. The book is as much about medicine as it is about law; above all, it is about patients. It is written with the fervent belief that with better education, there will emerge a better appreciation of the expectations of the patient — often unmet — and the standards of the legal system — often misunderstood. Fewer lawsuits and improved patient care will hopefully follow.The book is in five sections. The first covers the law of malpractice and informed consent while the second covers risk management with chapters on confidentiality, communication and risk management tips. Section III is a single chapter on reforming the system, and discusses both medical and legal proposals. The subject of tort reforms is covered in this chapter. A review section consisting of 35 multiple choice questions and answers constitutes Section IV. The book concludes with a glossary of legal terms.

Handling Clinical Negligence Claims in England

Author : Great Britain. National Audit Office
Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Handling Clinical Negligence Claims in England by : Great Britain. National Audit Office

Download or read book Handling Clinical Negligence Claims in England written by Great Britain. National Audit Office and published by . This book was released on 2001 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is concern about the lack of publicly available information on clinical negligence claims and whether the system is cost-effective, quick, efficient and humane. This report looks at the number of claims, the cost of settling them and the time taken; patients access to remedies and who patients claims are managed. It found that claims in England rose 72% between 1990 and 1998 and the net present value of outstanding claims was �2.6 billion. Claims still take a long time to settle and those that were closed in 1999/2000 took average five and a half years to settle (excluding cerebral palsy and brain damage).

Mason and Mccall Smith's Law and Medical Ethics

Author : GRAEME. HARMON LAURIE (SHAWN. DOVE, EDWARD.)
Publisher :
ISBN 13 : 0198826214
Total Pages : 775 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Mason and Mccall Smith's Law and Medical Ethics by : GRAEME. HARMON LAURIE (SHAWN. DOVE, EDWARD.)

Download or read book Mason and Mccall Smith's Law and Medical Ethics written by GRAEME. HARMON LAURIE (SHAWN. DOVE, EDWARD.) and published by . This book was released on 2019-04-18 with total page 775 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic textbook focuses on medical law and its relationship with medical practice and modern ethics. It provides thorough coverage of all of the topics found on medical law courses, and in depth analysis of recent court decisions, encouraging students to think analytically about the subject.

Principles of Addictions and the Law

Author : Norman S. Miller
Publisher : Academic Press
ISBN 13 : 9780080924762
Total Pages : 372 pages
Book Rating : 4.9/5 (247 download)

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Book Synopsis Principles of Addictions and the Law by : Norman S. Miller

Download or read book Principles of Addictions and the Law written by Norman S. Miller and published by Academic Press. This book was released on 2010-01-30 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book includes an examination of sources of law important to addiction and its treatment. The foundations for forensic work in professional legal testimony is explored (e.g., legal system, case law precedent, statutes governing addictions, civil and criminal procedures). The science of addiction is featured including the biology of addiction, addiction as a brain disease, responsibility vs. loss of control, development of addictions, and the role of genetics and environment. Drug testing, its uses with forensic populations, what the tests show and do not show, controversies in using tests in the general population also receives extensive treatment. Addiction and mental illness in forensic populations is highlighted for addiction treatment and continuing care. Case studies and landmark cases illustrate the role of alcohol, drug use, and addictions in legal decisions. Focused primarily on alcohol and drug addictions Case studies and landmark cases are included to illustrate the role of alcohol/drugs in legal decisions (e.g., the Exxon Valdez case) Brief overview of legal system and drug courts will be useful to clinicans, lawyers, administrators, and other professionals

Developing and Implementing Clinical Practice Guidelines

Author : Stephen J. Schanz
Publisher : American Medical Association Press
ISBN 13 :
Total Pages : 76 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Developing and Implementing Clinical Practice Guidelines by : Stephen J. Schanz

Download or read book Developing and Implementing Clinical Practice Guidelines written by Stephen J. Schanz and published by American Medical Association Press. This book was released on 1999 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: Be aware of the risks. Concisely written resource book explores legal theories and their applications to the drafting, implementation, and development of clinical practice guidelines. Explains legal concepts and terminology in lay terms, while helping readers understand and avoid any risks they may be assuming when developing or modifying practice guidelines.