By J. P. Jackson (auth.), J. P. Jackson MB, FRCS (eds.)
Legal motion regarding medical professionals, both as defendants or specialist witnesses, has vastly elevated during the last decade and few can now stay aloof from this element in their career. Written through medical professionals (including 5 Council individuals of the clinical Defence Union of serious Britain) and attorneys, this functional advisor bargains transparent and accomplished recommendation to all involved. Part I discusses easy methods to write clinical studies, in particular whilst consent is needed or exclusive details is concerned. Part II covers contentious concerns in quite a few scientific specialties which again and again come up in litigation; recognized examples are circumstances related to whiplash accidents or perinatal mind harm. In Part III legal professionals talk about the medico-legal difficulties of the solicitor's position, courtroom testimony and clinical negligence. This booklet is a worthwhile connection with all participants of the clinical career. legal professionals, officers and others outdoors the clinical occupation who come into touch with clinical litigation yet have constrained scientific wisdom will locate a lot useful information.
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About the Authors
Dr. Da Cheng Hao is an affiliate Professor and precept investigator on the university of atmosphere and Chemical Engineering, dependent on the Biotechnology Institute, Dalian Jiaotong college, Dalian, P. R China. he's a visitor Prof. of Institute of Medicinal Plant improvement (IMPLAD), chinese language Academy of scientific Sciences (CAMS), Beijing, P. R China.
Dr. Xiao Jie Gu is a Lecturer on the university of atmosphere and Chemical Engineering, established on the Biotechnology Institute, Dalian Jiaotong collage, Dalian, P. R China.
Professor Pei Gen Xiao is an Academician of chinese language Academy of Engineering and the top of Key Laboratory of Bioactive ingredients and assets usage of chinese language natural medication, Ministry of schooling, dependent at IMPLAD, CAMS, Beijing, P. R China.
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Extra resources for A Practical Guide to Medicine and the Law
If there is any doubt there should be no hesitation in seeking the advice and opinion of one or more colleagues. If the emergency arises in an unconscious patient the practitioner should, if time permits, endeavour to obtain the assent of the next-of-kin, but if urgent treatment or investigation is essential the doctor should have no hesitation in CONSENT AND CONFIDENTIALITY 23 proceeding to do what is necessary. The next-of-ldn's consent is not legally necessary; nor will it justify the treatment of an unconscious patient unless otherwise justified because the situation is one of urgent necessity.
A consent form signed without knowledge about and/or understanding of the procedure to be performed is valueless. 22 MEDICINE AND THE LAw It would be unrealistic to insist upon a written request for all examinations and procedures and common sense is required in deciding when the consent should be evidenced in writing. It is not the intention here to set out rigid guidelines about the need for written consent but, as a general rule, a consent form should be completed for any procedure involving a general anaesthetic (which includes most operations) and for many procedures involving invasive techniques such as endoscopies, biopsies and angiography.
Medical practitioner) Date .......................................... * Delete whichever is applicable Fig. 2. A standard consent form. In the case of hospital post-mortem examinations performed for the purpose of establishing the cause of death or of investigating the existence or nature of abnormal conditions, section 2 of the Human Tissue Act 1961 clears up any doubt about their lawfulness. However, the Human Tissue Act 1961 does require that, before a "hospital" post-mortem examination is performed, and before tissue is removed from a body after death, the authority must be obtained of "the person lawfully in possession of the body".
A Practical Guide to Medicine and the Law by J. P. Jackson (auth.), J. P. Jackson MB, FRCS (eds.)