Clinical Guidelines and the Law of Medical Negligence

Multidisciplinary and International Perspectives

Buch | Hardcover

368 Seiten

2021
Edward Elgar Publishing Ltd (Verlag)
978-1-78990-888-6 (ISBN)

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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.

Edited by Jo Samanta, Emeritus Professor, Law School, De Montfort University, Leicester and Ash Samanta, Emeritus Consultant Physician and Rheumatologist, University Hospitals of Leicester and Lecturer in Medical Law, Law School, De Montfort University, Leicester, UK

Contents:

Foreword x
Preface xii

Introduction: clinical guidelines and the law of medical negligence 1
Ash Samanta and Jo Samanta
1 The early usage of clinical guidelines in medical
negligence litigation: an Anglo-American perspective 12
Ash Samanta and Jo Samanta
2 Reliance on clinical guidelines in contemporary negligence
litigation in the UK: influential or determinative? 52
Rob Heywood
3 Medical guidelines in South African courts: exploring their
role in medical negligence matters 80
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 112
Friso Johannes Jansen
5 The interface between clinical guidelines and health care ethics 143
Marwan Habiba
6 A barrister’s experience of the use of clinical guidelines in
clinical negligence litigation 175
Pritesh Rathod
7 The role of guidelines and protocols in clinical negligence
litigation: a solicitor’s viewpoint 199
Laurence Vick
8 Evidence-based medicine, clinical guidelines,
trustworthiness and safe care in anaesthetics 228
Rebecca Parrott and Debashish Dutta
9 Clinical guidelines in trauma and orthopaedic surgery 252
Simon Britten
10 A global perspective of the use of clinical guidelines in
medical negligence litigation 281
Jo Samanta and Ash Samanta
Conclusion: clinical guidelines and the law of medical negligence 322
Ash Samanta and Jo Samanta

Index 341

Erscheinungsdatum	20.10.2021
Reihe/Serie	Elgar Studies in Health and the Law
Verlagsort	Cheltenham
Sprache	englisch
Maße	156 x 234 mm
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Medizinrecht
ISBN-10	1-78990-888-4 / 1789908884
ISBN-13	978-1-78990-888-6 / 9781789908886
Zustand	Neuware