ABC of Medical Law by Lorraine Corfield

By Lorraine Corfield

An knowing of scientific legislation is more and more vital for all overall healthiness execs and this new ABC offers a simple creation to the criminal concerns confronted in overall healthiness care that's obtainable to an individual with none criminal wisdom. The ABC of clinical legislations offers perfect advice to the practising health care professional - overlaying simply what you want to understand with no changing into embroiled in complex criminal discussion.The ABC of clinical legislation has up to date insurance of the felony matters to be present in day-by-day scientific perform, together with confidentiality, examine, consent, negligence, organ donation and human rights, in addition to extra contentious matters reminiscent of tissue retention and withholding/withdrawing therapy. good illustrated and provided in a easy structure, chapters contain summaries and instances to aid make clear the issues made.Written by means of working towards clinicians with services in scientific legislations and a clinical barrister, the ABC of scientific legislation can help hold a tradition in the constraints of the legislation and is perfect for GPs, junior medical professionals and scientific scholars, and someone eager to comprehend the vast fundamentals of clinical legislation.

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However, if research other than audit is being undertaken, the specific consent of the patients to their notes being used for this purpose is required, irrespective of whether the researchers are part of the team looking after them or 32 ABC of Medical Law not. All healthcare professionals should only look at those parts of the record that are relevant to the research or audit and must anonymise the cases used. The records, whether electronic or paper, must be held securely. If consent is not possible or has been withheld, but the research is thought to be in the public good then the research ethics committee should be consulted as normal.

1 Bolam and Bolitho Before the Bolitho ruling, the concern was that the Bolam Test could be interpreted as accepting any body of medical opinion rather than a ‘responsible body’. Thus a healthcare professional facing a charge of negligence could produce a group of professionals who would have treated the patient in the same way and use this as a defence, irrespective of whether the treatment was acceptable. Furthermore, this meant that medical practice set its own standards and these were not open to real review by the legal system.

Therefore, the usual ‘but for’ test cannot apply in these cases, the chance of improvement or cure is less than 50% even with treatment. Not surprisingly, patients feel aggrieved if they have lost the chance of a cure due to a delayed diagnosis, however small that chance. Some have brought cases widely known as ‘loss of chance’ cases. To date, all such claims have been unsuccessful. These cases are best illustrated by the case of Hotson v East Berkshire AHA (1987) in which an epiphyseal femoral fracture was initially missed.

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