By J. P. Jackson (auth.), J. P. Jackson MB, FRCS (eds.)
Legal motion related to medical professionals, both as defendants or professional witnesses, has tremendously elevated over the last decade and few can now stay aloof from this point in their occupation. Written by means of medical professionals (including 5 Council individuals of the clinical Defence Union of significant Britain) and attorneys, this sensible consultant deals transparent and accomplished recommendation to all involved. Part I discusses the way to write clinical reviews, specifically whilst consent is needed or personal info is concerned. Part II covers contentious concerns in a number of scientific specialties which many times come up in litigation; famous examples are instances regarding whiplash accidents or perinatal mind harm. In Part III attorneys talk about the medico-legal difficulties of the solicitor's function, courtroom testimony and scientific negligence. This booklet is a beneficial connection with all contributors of the scientific career. attorneys, officers and others open air the scientific occupation who come into touch with clinical litigation yet have constrained clinical wisdom will locate a lot beneficial information.
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Additional resources for A Practical Guide to Medicine and the Law
Exceptions A number of exceptions exist to the general rule of confidentiality. However, whatever the circumstances, a doctor must always be prepared to justify any disclosure of confidential information. Consent. The secrets are those of the patient, not the doctor, and therefore the doctor is perfectly entitled - perhaps under a duty - to disclose information if asked to do so by the patient or the patient's legal adviser. Colleagues. Information about a patient may be shared with other registered medical practitioners who assist with clinical management.
The Public Interest. This is perhaps the most contentious exception to the general rule where the doctor learns information about a serious matter in the course of his or her professional dealings with a patient or colleague. The doctor is not merely a "healthcare professional" but also a citizen of the country in which he or she practises. There will sometimes be circumstances which give rise to a conflict for the doctor as to whether the greater duty is to the patient or to the public, and there is seldom an easy answer to the dilemma.
It is necessary to obtain appropriate consent. Consent to "sterilisation" is not a licence to perform a bilateral salpingectomy, for example, and where two or more procedures are planned it is necessary to have consent for each. Sometimes the procedure which was envisaged is amended and the original description of it is crossed through and the amended procedure added to the consent form without the form being re-signed by the patient. If a change is made to a planned procedure it must be explained to the patient and a new form should be completed, signed and witnessed.