Clinical guidelines and the law of medical negligence : multidisciplinary and international perspectives / edited by Jo Samanta, Ash Samanta.

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

Samanta, Jo, editor.

Samanta, Ash, editor.

Series:

Elgar studies in health and the law.

Elgar studies in health and the law

Language:

English

Subjects (All):

Medical personnel--Malpractice.

Medical personnel.

Physicians--Malpractice.

Physicians.

Medical laws and legislation.

Negligence.

Physical Description:

1 online resource (368 pages).

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar Publishing, [2021]

Summary:

"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"-- Provided by publisher.

Contents:

Contents: Foreword x preface xii Introduction: Clinical guidelines and the law of medical negligence / Ash Samanta and Jo Samanta

1. The early usage of clinical guidelines in medical negligence litigation: An anglo-american perspective / Ash Samanta and Jo Samanta

2. Reliance on clinical guidelines in contemporary negligence litigation in the uk: Influential or determinative? / Rob Heywood

3. Medical guidelines in South African courts: Exploring their role in medical negligence matters / Camilla Pickles

4. Fitness to practice tribunals in the uk and the Netherlands: The construction of (para)medical competence and the use of evidence-based guidelines / Friso Johannes Jansen

5. The interface between clinical guidelines and health care ethics / Marwan Habiba

6. A barrister's experience of the use of clinical guidelines in clinical negligence litigation / Pritesh Rathod

7. The role of guidelines and protocols in clinical negligence litigation: A solicitor's viewpoint / Laurence Vick

8. Evidence-based medicine, clinical guidelines, trustworthiness and safe care in anaesthetics / Rebecca Parrott and Debashish Dutta

9. Clinical guidelines in trauma and orthopaedic surgery / Simon Britten

10. A global perspective of the use of clinical guidelines in medical negligence litigation / Jo Samanta and Ash Samanta Conclusion: clinical guidelines and the law of medical negligence / Ash Samanta and Jo Samanta

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-78990-889-2