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Title Medicolegal issues in obstetrics and gynaecology / Swati Jha, Emma Ferriman, editors
Published Cham : Springer, 2018

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Description 1 online resource
Contents Intro; Preface; Contents; Part I: General Swati Jha and Robert Burrell; 1: Ethics in Medicine; 1.1 The Difference Between the Law and Ethics; 1.2 Ethical Principles; 1.3 Case Scenario; 1.3.1 Termination Ethics; 1.3.2 Personhood; 1.3.3 Bodily Autonomy Versus Not Killing; 1.3.4 Taking Potentiality Seriously; 1.3.5 Deprivation of Futures; 1.4 Case Scenario; References; 2: Why Doctors Get Sued; 2.1 Introduction; 2.2 Consent; 2.2.1 Key Legal Principles; 2.3 Errors of Treatment or Surgery; 2.3.1 Key Legal Principles; 2.4 Errors of Diagnosis/Delayed Diagnosis
2.4.1 Key Legal PrinciplesReferences; 3: Consent After Montgomery: Clinical Considerations; 3.1 Background; 3.2 Requirements for Consent; 3.3 Consent After Montgomery: What Constitutes Sufficient Information?; 3.3.1 Exceptions to Provision of Information; 3.3.2 Birth Choices Post-Montgomery; 3.4 Court Decisions Since Montgomery; 3.4.1 A v East Kent Hospitals University NHS Foundation Trust [2015] EWHC 1038; 3.4.2 Spencer v Hillingdon Hospitals NHS Trust [2015] EWHC 1058; References; 4: Consent After Montgomery: Legal Considerations; 4.1 Introduction; 4.2 Use of a Consent Form
4.3 Future Law4.4 The Decision Record; References; 5: Duty of Candour; 5.1 Background; 5.2 Professional Duty of Candour; 5.3 Statutory Duty of Candour (CQC-Registered Healthcare Organisations, England); 5.4 Consequences of Not Complying with Duty of Candour; 5.5 Case Study: Bladder Injury; References; 6: Leading Cases; 6.1 Negligence; 6.1.1 What Constitutes Negligence?; 6.2 Causation; References; 7: The Claim Journey; 7.1 Introduction; 7.2 Letter Before Action; 7.3 Letter of Claim; 7.4 The Response; 7.5 Formal Proceedings
7.6 Doctors Witness Statement and Exchange of Witness Statements7.7 Trial; References; 8: GMC Referral; 8.1 Background; 8.2 GMC Guidance; 8.3 GMC Statistics on Number and Outcome of Referrals; 8.4 Sources of Referral; 8.5 When You Should Self-Report?; 8.6 What Type of Concerns Are Investigated?; 8.7 Notification of Criminal Investigations; 8.8 IOT Hearings; 8.9 GMC Investigation; 8.10 Referral to a MPT Hearing; 8.11 Resolution of Cases Not Referred to a MPT Hearing; 8.12 Things to Remember; References; 9: Report Writing; 9.1 Introduction; 9.2 Legal and Ethical Framework
9.3 Pitfalls and Risks9.4 Positive Advice; References; 10: Being an Expert Witness; 10.1 Background; 10.2 Definition of an Expert Witness; 10.3 Duty of the Expert Witness; References; 11: The Obstetrician/Gynaecologist in Coroner's Court; 11.1 History; 11.2 Current Position in England and Wales; 11.3 The Investigation; 11.4 The Inquest; 11.5 Conclusions; 11.6 Unnatural Death; 11.7 Accident/Misadventure; 11.8 Unlawful Killing; 11.9 Stillbirths; 11.10 Abortion; 11.11 Preparing for the Inquest; References; 12: Intimate Examinations and Chaperones; 12.1 Background
Summary This book highlights minimum standards relating to the management of different conditions in the practice of Obstetrics and Gynaecology. The editors explore clinical governance issues, common causes of as well as ways to avoid litigation. The UK is experiencing a dramatic increase in medico-legal claims. The 4 main reasons for litigation are: accountability, the need for an explanation, concern with standards of care and compensation. However the decision to take legal action is determined not only by the original injury, but failure to provide information, an explanation and an apology. Insensitive handling of an injury and poor communication after the original incident increases the risk of litigation and erodes the patient-doctor relationship. Doctors almost never deliberately cause harm to patients, however increasingly claims are being defended successfully. This book is invaluable to clinicians and lawyers alike and raises awareness of how to avoid facing clinical negligence claims in our day to day practice
Notes Includes index
Online resource; title from PDF title page (EBSCO, viewed July 12, 2018)
Subject Obstetrics -- Law and legislation -- Great Britain
Gynecology -- Law and legislation -- Great Britain
Medical jurisprudence.
Forensic Medicine
Gynecology -- legislation & jurisprudence
Obstetrics -- legislation & jurisprudence
Female
forensic medicine.
Public health & preventive medicine.
Medical & healthcare law.
Gynaecology & obstetrics.
LAW -- Administrative Law & Regulatory Practice.
Gynecology -- Law and legislation
Obstetrics -- Law and legislation
Great Britain
Form Electronic book
Author Jha, Swati
Ferriman, Emma
ISBN 9783319786834
3319786830