Clinical Guidelines and the Law of Medical Negligence

Clinical Guidelines and the Law of Medical Negligence
Author: Samanta, Jo
Publisher: Edward Elgar Publishing
Total Pages: 368
Release: 2021-10-26
Genre: Law
ISBN: 1789908892

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.

Clinical Guidelines and the Law

Clinical Guidelines and the Law
Author: Brian Hurwitz
Publisher: CRC Press
Total Pages: 203
Release: 2018-05-08
Genre: Medical
ISBN: 1315345951

Guidelines are powerful instruments of assistance to clinicians, capable of extending the clinical roles of nurses and pharmacists. Purchasers and managers perceive them as technological tools guaranteeing treatment quality. Guidelines also offer mechanisms by which doctors and other health care professionals can be made more accountable to their patients. - But how can clinicians tell whether a guideline has authority, and whether or not it should be followed? - Does the law protect doctors who comply with guidelines? - Are guideline developers liable for faulty advice? This timely book provides a comprehensive and accessible analysis of the many medical and legal issues arising from the current explosion of clinical guidelines. Featuring clear summaries of relevant UK, US and Commonwealth case law, it is vital reading for all doctors, health care workers, managers, purchasers, patients, and lawyers.

Big Data, Health Law, and Bioethics

Big Data, Health Law, and Bioethics
Author: I. Glenn Cohen
Publisher: Cambridge University Press
Total Pages: 374
Release: 2018-03-08
Genre: Law
ISBN: 110815364X

When data from all aspects of our lives can be relevant to our health - from our habits at the grocery store and our Google searches to our FitBit data and our medical records - can we really differentiate between big data and health big data? Will health big data be used for good, such as to improve drug safety, or ill, as in insurance discrimination? Will it disrupt health care (and the health care system) as we know it? Will it be possible to protect our health privacy? What barriers will there be to collecting and utilizing health big data? What role should law play, and what ethical concerns may arise? This timely, groundbreaking volume explores these questions and more from a variety of perspectives, examining how law promotes or discourages the use of big data in the health care sphere, and also what we can learn from other sectors.

Improving Diagnosis in Health Care

Improving Diagnosis in Health Care
Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
Total Pages: 473
Release: 2015-12-29
Genre: Medical
ISBN: 0309377722

Getting the right diagnosis is a key aspect of health care - it provides an explanation of a patient's health problem and informs subsequent health care decisions. The diagnostic process is a complex, collaborative activity that involves clinical reasoning and information gathering to determine a patient's health problem. According to Improving Diagnosis in Health Care, diagnostic errors-inaccurate or delayed diagnoses-persist throughout all settings of care and continue to harm an unacceptable number of patients. It is likely that most people will experience at least one diagnostic error in their lifetime, sometimes with devastating consequences. Diagnostic errors may cause harm to patients by preventing or delaying appropriate treatment, providing unnecessary or harmful treatment, or resulting in psychological or financial repercussions. The committee concluded that improving the diagnostic process is not only possible, but also represents a moral, professional, and public health imperative. Improving Diagnosis in Health Care, a continuation of the landmark Institute of Medicine reports To Err Is Human (2000) and Crossing the Quality Chasm (2001), finds that diagnosis-and, in particular, the occurrence of diagnostic errorsâ€"has been largely unappreciated in efforts to improve the quality and safety of health care. Without a dedicated focus on improving diagnosis, diagnostic errors will likely worsen as the delivery of health care and the diagnostic process continue to increase in complexity. Just as the diagnostic process is a collaborative activity, improving diagnosis will require collaboration and a widespread commitment to change among health care professionals, health care organizations, patients and their families, researchers, and policy makers. The recommendations of Improving Diagnosis in Health Care contribute to the growing momentum for change in this crucial area of health care quality and safety.

Clinical Negligence Made Clear

Clinical Negligence Made Clear
Author: Nigel Poole QC
Publisher: Bath Publishing Limited
Total Pages: 443
Release: 2019-10-31
Genre: Law
ISBN: 1739099257

Clinical Negligence claims currently cost the NHS over £2 billion every year. Litigation is time-consuming, expensive and stressful for all involved. For those whose lives have been changed dramatically as a result of negligent medical treatment, bringing a claim may be the only means of obtaining redress for the harm done to them. But the process of litigation can be a bewildering and sometimes hostile experience. For many healthcare professionals the fear of litigation is a real concern and there is deep anxiety that litigation contributes to an unhealthy, even dangerous culture of blame. Clinical Negligence Made Clear: A Guide for Patients and Professionals is an attempt by one the country’s leading clinical negligence practitioners to help all those who might be affected by such cases to understand what is involved and thereby to reduce the cost and emotional impact of clinical negligence litigation. In concise, accessible language Nigel Poole QC charts how clinical negligence has evolved, its place within the justice system and how compensation is assessed explains ten core legal principles of clinical negligence such as the doctor’s duty of care and the standards expected of healthcare professionals sets out how a claim proceeds and what happens before and during a trial focuses on specific common areas of clinical negligence claims such as wrongful birth, delays in cancer treatment and cosmetic surgery looks to the future and asks whether the current system is sustainable The aim is to provide an intelligent but accessible guide for patients, doctors, nurses, therapists, expert witnesses, and healthcare managers so that those caught up in legal proceedings have a realistic view of the impact they will have and a clearer understanding of when a dispute might be best resolved early. No doubt it will also provide a lively introduction to the subject for students, trainees and lawyers looking to move into clinical negligence work.

Approaching Death

Approaching Death
Author: Committee on Care at the End of Life
Publisher: National Academies Press
Total Pages: 457
Release: 1997-10-30
Genre: Medical
ISBN: 0309518253

When the end of life makes its inevitable appearance, people should be able to expect reliable, humane, and effective caregiving. Yet too many dying people suffer unnecessarily. While an "overtreated" dying is feared, untreated pain or emotional abandonment are equally frightening. Approaching Death reflects a wide-ranging effort to understand what we know about care at the end of life, what we have yet to learn, and what we know but do not adequately apply. It seeks to build understanding of what constitutes good care for the dying and offers recommendations to decisionmakers that address specific barriers to achieving good care. This volume offers a profile of when, where, and how Americans die. It examines the dimensions of caring at the end of life: Determining diagnosis and prognosis and communicating these to patient and family. Establishing clinical and personal goals. Matching physical, psychological, spiritual, and practical care strategies to the patient's values and circumstances. Approaching Death considers the dying experience in hospitals, nursing homes, and other settings and the role of interdisciplinary teams and managed care. It offers perspectives on quality measurement and improvement, the role of practice guidelines, cost concerns, and legal issues such as assisted suicide. The book proposes how health professionals can become better prepared to care well for those who are dying and to understand that these are not patients for whom "nothing can be done."

Guidelines for Clinical Practice

Guidelines for Clinical Practice
Author: Institute of Medicine
Publisher: National Academies Press
Total Pages: 441
Release: 1992-02-01
Genre: Medical
ISBN: 0309045894

Guidelines for the clinical practice of medicine have been proposed as the solution to the whole range of current health care problems. This new book presents the first balanced and highly practical view of guidelinesâ€"their strengths, their limitations, and how they can be used most effectively to benefit health care. The volume offers: Recommendations and a proposed framework for strengthening development and use of guidelines. Numerous examples of guidelines. A ready-to-use instrument for assessing the soundness of guidelines. Six case studies exploring issues involved when practitioners use guidelines on a daily basis. With a real-world outlook, the volume reviews efforts by agencies and organizations to disseminate guidelines and examines how well guidelines are functioningâ€"exploring issues such as patient information, liability, costs, computerization, and the adaptation of national guidelines to local needs.

Law for Doctors

Law for Doctors
Author: Margaret Annie Branthwaite
Publisher: Royal Society of Medicine PressLtd
Total Pages: 80
Release: 2003
Genre: Law
ISBN: 9781853155406

This non-technical guide to medical law is valued by doctors and other health professionals who have little time or the legal background to read detailed books on medical law. Law for Doctors focuses on aspects of English law that are particularly relevant to medical practice such as civil claims, legal procedures, funding, complaints, whistle-blowing, disciplinary proceedings, coroners' courts and criminal law. This second edition includes new sections on recent case law and statutory developments and provides further information about confidentiality and disclosure, and disciplinary proceedings. It will appeal to all clinical and managerial staff, and students, who are involved in the delivery of healthcare.

Practical Evidence-Based Physiotherapy - E-Book

Practical Evidence-Based Physiotherapy - E-Book
Author: Robert Herbert
Publisher: Elsevier Health Sciences
Total Pages: 186
Release: 2011-08-01
Genre: Medical
ISBN: 0702047139

Evidence-based practice has become a central part of physiotherapy today, but it is still an area which is constantly expanding and being updated. Written by an international team of experts, this second edition continues to outline the basic definitions of evidence-based practice and clinical reasoning, while detailing how to find and critically appraise evidence and clinical practice guidelines and the steps to follow in the implementation and evaluation of evidence. For those struggling to understand both the concepts and how to implement them, this book will prove to be an invaluable and practical guide. - Considers how both quantitative and qualitative research can be used to answer clinical questions - Written for readers with different levels of expertise - Highlighted critical points and text box summaries (basic) - Detailed explanations in text (intermediate) - Footnotes (advanced) - Presents detailed strategies for searching physiotherapy-relevant databases - Extensive consideration of clinical practice guidelines - Chapter asking the question: When and how should new therapies be introduced into clinical practice? - Search strategies - Evaluating quality of interventions - Placebo effects - Meta-regression