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Clinical Guidelines and the Law of Medical Negligence: Multidisciplinary and International Perspectives

Clinical Guidelines and the Law of Medical Negligence: Multidisciplinary and International Perspectives

Author: Jo Samanta; Ash Samanta
Publisher: Edward Elgar Publishing
ISBN: 9781789908886
Published In: October 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

The chapters provide compelling insights from academics, lawyers, barristers, doctors and healthcare professionals into the use of guidelines in determining the legal standard for breach of duty, thereby contributing to a holistic understanding of guideline usage in this area of law. Sociological considerations along with empirical findings are used to underpin these concepts. While focusing on the UK, contributors draw upon international law including that from the United States, South Africa, the Netherlands and other countries. Based on this analysis the conclusion offers a theoretical framework for practical application illustrated by a case-based discourse.

This book makes a significant contribution to the knowledge base in the subject area. It is an essential read for legal academics and lawyers working in medical and health law, as well as for doctors and other healthcare professionals. It will be a key reference point for medical regulators, health organisation policymakers and clinical governance teams.

Foreword x

Preface xii

Introduction: clinical guidelines and the law of medical negligence 1

Ash Samanta and Jo Samanta

1. The early usage of clinical guidelines in medical negligence litigation: an Anglo-American perspective 12

Ash Samanta and Jo Samanta

2. Reliance on clinical guidelines in contemporary negligence litigation in the UK: influential or determinative? 52

Rob Heywood

3. Medical guidelines in South African courts: exploring their role in medical negligence matters 80

Camilla Pickles

4. Fitness to practice tribunals in the UK and the Netherlands: the construction of (para)medical competence and the use of evidence-based guidelines 112

Friso Johannes Jansen

5. The interface between clinical guidelines and health care ethics 143

Marwan Habiba

6. A barrister’s experience of the use of clinical guidelines in clinical negligence litigation 175

Pritesh Rathod

7. The role of guidelines and protocols in clinical negligence litigation: a solicitor’s viewpoint 199

Laurence Vick

8. Evidence-based medicine, clinical guidelines, trustworthiness and safe care in anaesthetics 228

Rebecca Parrott and Debashish Dutta

9. Clinical guidelines in trauma and orthopaedic surgery 252

Simon Britten

10. A global perspective of the use of clinical guidelines in medical negligence litigation 281