By J. P. Jackson (auth.), J. P. Jackson MB, FRCS (eds.)
Legal motion regarding medical professionals, both as defendants or specialist witnesses, has tremendously elevated over the last decade and few can now stay aloof from this point in their career. Written by means of medical professionals (including 5 Council participants of the scientific Defence Union of significant Britain) and attorneys, this sensible consultant deals transparent and entire suggestion to all involved. Part I discusses the right way to write clinical experiences, specifically while consent is needed or private info is concerned. Part II covers contentious concerns in quite a few medical specialties which time and again come up in litigation; famous examples are situations concerning whiplash accidents or perinatal mind harm. In Part III legal professionals speak about the medico-legal difficulties of the solicitor's function, courtroom testimony and clinical negligence. This booklet is a beneficial connection with all participants of the clinical career. legal professionals, officers and others outdoor the clinical career who come into touch with clinical litigation yet have restricted clinical wisdom will locate a lot priceless information.
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Additional info for A Practical Guide to Medicine and the Law
In the normal course of events this information will not be available to the doctor when the report is composed. In many cases there may be difficulty in coming to any diagnOSiS. There is every possibility that at this stage the plaintiff's notes, X-ray films and other investigations may not be available to the examiner. If so, then it is in order to complete the report but state that various tests are not available. Unfortunately if a decision is taken to await their arrival, this may often occasion considerable delay.
Misinformed consent or consent given without proper understanding of what is involved is of little legal value: whilst it might protect against allegations of assault or battery, it would not afford a defence against allegations of inadequate counselling or failure to warn. The extent of the explanation which the doctor should give when seeking consent will depend on many factors and may pose considerable problems, calling for fine clinical judgement. Factors to be taken into account include the patient's age and maturity, physical and mental state, intellectual capacity, and the reason for the procedure, operation or treatment.
Such treatments may not be given unless: 1. The patient has consented to the treatment and either the responsible medical officer or an approved, independent doctor has certified that the patient has given an informed consent; or 2. an independent, approved doctor has certified that the patient is incapable of giving an informed consent, or has not consented to the treatment, but that the treatment should be given. Consent forms. Special, statutory forms of consent are required for treatments covered by sections 57 and 58 of the Act.
A Practical Guide to Medicine and the Law by J. P. Jackson (auth.), J. P. Jackson MB, FRCS (eds.)