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Research Handbook on Patient Safety and the Law

Research Handbook on Patient Safety and the Law

Author: John Tingle; Caterina Milo; Gladys Msiska; Ross Millar
Publisher: Edward Elgar Publishing
ISBN: 9781802207057
Published In: December 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Despite recurring efforts, a gap exists across a variety of contexts between the protection of patients’ safety in theory and in practice. This timely Research Handbook highlights these critical issues and suggests both legal and policy changes are necessary to better protect patients’ safety.

Multidisciplinary in nature, this Research Handbook features contributions from eminent academics, policy makers and medical practitioners from the Global North and South, discussing the essential facets concerning patient safety and the law. It highlights how the role of legislation and case law has the potential to influence, both positively and negatively, medical practice and the quality of care. Chapters explore patient safety and the global health agenda; physiotherapy; ‘non-therapeutic’ clinical research with children; patient safety awareness in healthcare education; and the increasing use of robotics and artificial intelligence in healthcare.

Outlining a wide range of international perspectives on patient safety and the law, this Research Handbook will appeal to academics and researchers specialising in health and medical law, human rights and healthcare regulation. It will also serve as a valuable resource for legal and medical practitioners alike, as well as clinicians and professionals working in healthcare governance.

Patient safety and the law: an introduction 1

John Tingle, Caterina Milo, Gladys Msiska, and Ross Millar

The need for more conceptual underpinning in NHS patient safety and clinical negligence policy development 10

John Tingle

The law and ethics of informed consent after Montgomery and the safeguard of patients’ safety 22

Caterina Milo

‘Non-therapeutic’ clinical research with children: responsibility in the balance? 37

Amber Dar

Balancing on a knife edge: patient safety and autonomy in the psychiatric context 56

Mollie E. L. Cornell

The role of tort law in protecting patient safety and autonomy in Australia 74

Barbara McDonald

Healthcare in conflict: legally protected, physically at risk 90

Emma J. Breeze

Does legalising abortion reduce deaths from unsafe abortion? Experiences in sub-Saharan Africa 108

Calum Miller

Physiotherapy in the UK: the second victim in a perfect storm? 125

Sue Greenhalgh, James Selfe, Laura Finucane, and Gillian Yeowell

10.

Patient safety at the end of life: the role and limits of the law in England and Wales 141

Adam McCann

11.

The ‘patient-friendly’ medical injury liability rules in Germany: implications for patient safety? 165

Marc Stauch

12.

Patient safety in Germany 177

Dagmar Luettel, Victoria Klemm, and Reinhard Strametz

13.

Patient safety, global governance, and the right to health in integrated primary health care 193

Jonathan Gorry, Linda Gibson, Denis Joseph Bukenya, Pauline Odeyemi, and Michael Obeng Brown

14.

Patient safety and the global health agenda 206

Paulo Sousa, Ana Catarina Rodrigues, and José Pedro Teixeira

15.

Patient safety in Uruguay 221

Homero Bagnulo, Alejandro Castello, and Carlos Vivas

16.

Pregnancy and childbirth risks: clinical and legal perspectives 237

Pedro Melo, Abdea Coomarasamy, and Arri Coomarasamy

17.

Patient safety challenges and practical ethical legal issues in low- and middle-income countries 257

Gladys Msiska, Evelyn Chilemba, Martha Kamanga, Chisomo Mulenga, Annie Namathanga, Patrick Mapulanga, and Abigail Kazembe

18.

Child safety in developing countries 278

Felistas Chiundira and Pempho Katanga

19.

Patient safety consciousness in healthcare education 297

Gladys Msiska, Gervasio Nyaka, Wanangwa Chikazinga, and Patricia Katowa-Mukwato

20.

Developing patient safety standards 314

Helen Hughes

21.

Dr Robot: robotics and AI in healthcare 336

Angela Eggleton

22.

Patient safety and the law: a thematic review and assessment of future options 369

Ross Millar

Index 377

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