Medicine, Malpractice and Misapprehensions (Biomedical Law by V.H. Harpwood

By V.H. Harpwood

Studying the extent of claims for scientific negligence within the mild of the newest developments and getting to know even if there's certainly a litigation drawback in healthcare, this publication is a topical and compelling exploration of healthcare and doctor-patient relationships. the writer: identifies and analyzes the growing to be pressures on medical professionals in sleek society, putting their function in context explores the various myths surrounding media claims approximately malpractice considers the perform of ‘defensive drugs’ and the adaptation among shielding practices and good probability administration examines exterior pressures, similar to political interference with scientific perform within the type of target-setting and what should be defined as a tradition of creeping privatization of healthcare. overlaying the themes of drugs and the media and the explanations of occupational tension between medical professionals, this quantity is a needs to learn for all scholars of scientific legislation and clinical ethics.

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The three-year personal injury limitation period starts to run from the date of personal injury or death, or date of knowledge that a claim might be available. The date of knowledge is the first date on which the claimant has knowledge that the injury in question was significant; that the injury was attributable to negligence; the identity of the defendant. Judges have a discretion, under certain circumstances, to extend the limitation period for personal injuries under s 33 of the 1980 Act. This does not apply, however, in the case of claims for torts other than negligence, for example claims arising from trespass to the person,62 where the limitation period prescribed by s 2(1) of the 1980 Act is six years.

NHSLA Report and Accounts 2006, HC 1179 (HMSO, London, 2006) 14. NHSLA Report and Accounts 2006, HC 1179 (HMSO, London, 2006) 10–11. 72 Some success was achieved by the NHSLA in obtaining a costs capping order on a single claim as opposed to a group action. 73 As long ago as 1998, Frank Dobson, then Secretary of State for Health, said on the BBC’s news and current affairs programme ‘News Night’: The best place for a lawyer is on the operating table . . Lawyers are milking the NHS of millions of pounds every year – money that would be better spent on patient care.

104 Some words, such as ‘accident’ have neutral connotations,105 while others, for example, ‘malpractice,’ imply deficiency on the part of a healthcare professional. It is important to recognise that not all errors amount to what the law would define as negligence. Many mistakes are made by professional people in the course of their careers, but relatively few form the basis of legal claims. While it is difficult to define ‘error’ for the purposes of this discussion,106 it may be possible to identify different varieties of error.

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