No-Fault Approaches in the NHS

No-Fault Approaches in the NHS PDF Author: Sonia Macleod
Publisher: Bloomsbury Publishing
ISBN: 1509916679
Category : Law
Languages : en
Pages : 321

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Book Description
This book explores how concerns can be raised about the NHS, why raising concerns hasn't always improved standards, and how a no-fault open culture approach could drive improvements. The book describes a wide range of mechanisms for raising concerns about the NHS, including complaints, the ombudsman, litigation, HSIB, and the major inquiries since 2000, across the various UK jurisdictions. The NHS approach is contextualised within the broader societal developments in dispute resolution, accountability, and regulation. The authors take a holistic view, and outline practical solutions for reforming how the NHS responds to problems. These should improve the situation for those raising concerns and for those working within the NHS, as well as providing cost savings. The no-fault approaches proposed in the book provide long-term sustainable solutions to systemic problems, which are particularly timely given the impact of the COVID-19 pandemic on the NHS. The book will be of interest to academics, researchers, ADR practitioners, practising lawyers, and policy makers.

No-Fault Approaches in the NHS

No-Fault Approaches in the NHS PDF Author: Sonia Macleod
Publisher: Bloomsbury Publishing
ISBN: 1509916679
Category : Law
Languages : en
Pages : 321

Get Book Here

Book Description
This book explores how concerns can be raised about the NHS, why raising concerns hasn't always improved standards, and how a no-fault open culture approach could drive improvements. The book describes a wide range of mechanisms for raising concerns about the NHS, including complaints, the ombudsman, litigation, HSIB, and the major inquiries since 2000, across the various UK jurisdictions. The NHS approach is contextualised within the broader societal developments in dispute resolution, accountability, and regulation. The authors take a holistic view, and outline practical solutions for reforming how the NHS responds to problems. These should improve the situation for those raising concerns and for those working within the NHS, as well as providing cost savings. The no-fault approaches proposed in the book provide long-term sustainable solutions to systemic problems, which are particularly timely given the impact of the COVID-19 pandemic on the NHS. The book will be of interest to academics, researchers, ADR practitioners, practising lawyers, and policy makers.

No-Fault Compensation for Medical Injury

No-Fault Compensation for Medical Injury PDF Author: Anne-Maree Farrell
Publisher:
ISBN:
Category :
Languages : en
Pages : 26

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Book Description
This paper examines the principles and practice that should underline no-fault compensation schemes for medical injury. It draws on a critical examination of the McLean Report, which was commissioned by the Scottish government to examine whether such a scheme should be established in Scotland. Drawing on a restorative justice model, I argue that a principled approach a no-fault scheme for medical injury requires a redress package that is responsive to what patients say they want as a result of suffering harm through medical treatment. This should involve paying adequate financial compensation; providing appropriate apologies and explanations; and facilitating professional accountability and lesson learning in order to enhance patient safety and improve healthcare outcomes. Where this is not possible within the no-fault scheme itself, then at the very least a more 'joined-up' approach needs to be developed, which links the scheme to independent complaints procedures and professional disciplinary bodies. Ensuring that this redress package is provided offers the best chance of ensuring patient satisfaction with the scheme in the long term. Even if such reforms are implemented, the question remains as to whether aspiration will ever match reality. Based on a review of current schemes for medical injury, it is suggested that the full implementation of this type of redress package is likely to remain elusive in practice.

Improving Diagnosis in Health Care

Improving Diagnosis in Health Care PDF Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
ISBN: 0309377722
Category : Medical
Languages : en
Pages : 473

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Book Description
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.

Prevention and Compensation of Treatment Injury

Prevention and Compensation of Treatment Injury PDF Author: Rui Cascão
Publisher: Boom Koninklijke Uitgevers
ISBN: 9789054545972
Category : Compensation (Law)
Languages : en
Pages : 172

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Book Description


Challenging Private Law

Challenging Private Law PDF Author: William Day
Publisher: Bloomsbury Publishing
ISBN: 150993488X
Category : Law
Languages : en
Pages : 528

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Book Description
Lord Sumption has been one of the most influential judges of his generation. This book critically reflects on the important and controversial issues raised by his jurisprudence. Using Lord Sumption's judgments and extra-judicial lectures as a starting point, the book contains a selection of essays that consider 'where next' in relation to topics such as: - contract variation, damages and penalties; - economic loss and personal injury in tort law; - knowing receipt and proprietary restitution; - illegality in private law; - agency and attribution; - piercing the corporate veil; - foreign law in the English courts. The book covers a broad range of areas in private law including contract, tort, unjust enrichment, equity, company and commercial law, as well as private international law and civil procedure.

Unexpected Consequences of Compensation Law

Unexpected Consequences of Compensation Law PDF Author: Prue Vines
Publisher: Bloomsbury Publishing
ISBN: 1509928014
Category : Law
Languages : en
Pages : 312

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Book Description
This book explores the performance of compensation law in addressing the needs of the injured. Compensation procedure can be dangerous to your health and may fail to compensate without aggravation/creating other problems. This book takes a refreshing and insightful approach to the law of compensation considering, from an interdisciplinary perspective, the actual effect of compensation law on people seeking compensation. Tort law, workers' compensation, medical law, industrial injury law and other schemes are examined and unintended consequences for injured people are considered. These include ongoing physical and mental illness, failure to rehabilitate, the impact on social security entitlements, medical care as well as the impact on those who serve – the lawyers, administrators, medical practitioners etc. All are explored in this timely and fascinating book. The contributors include lawyers, psychologists, and medical practitioners from multiple jurisdictions including Australia, the Netherlands, Canada, Italy and the UK.

Medical Malpractice and Compensation in Global Perspective

Medical Malpractice and Compensation in Global Perspective PDF Author: Ken Oliphant
Publisher: Walter de Gruyter
ISBN: 3110270234
Category : Law
Languages : en
Pages : 592

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Book Description
The papers in this collection are drawn from a symposium held in Vienna in December 2010. Organised by the Institute for European Tort Law and the Chicago-Kent Law Review, in collaboration with the European Centre of Tort and Insurance Law, the conference drew together legal experts from 14 national or regional systems across six continents. Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. Wherever possible, the analysis is supported by reference to empirical data. The 14 legal systems covered in the collection are Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States. A general comparative introduction completes the collection.

Atiyah's Accidents, Compensation and the Law

Atiyah's Accidents, Compensation and the Law PDF Author: Peter Cane
Publisher: Cambridge University Press
ISBN: 1107636329
Category : Law
Languages : en
Pages : 543

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Book Description
The definitive text on personal injury law, now updated to take into account recent significant changes in the law.

Mason and McCall Smith's Law and Medical Ethics

Mason and McCall Smith's Law and Medical Ethics PDF Author: Kenyon Mason
Publisher: Oxford University Press, USA
ISBN: 0199659907
Category : Law
Languages : en
Pages : 776

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Book Description
This classic textbook focuses on medical law and its relationship with medical practice and modern ethics. Offering medical as well as legal facts, it provides thorough coverage of all of the topics found on medical law courses, and in depth analysis of recent court decisions, encouraging students to think analytically about the subject

Unlocking Medical Law and Ethics 2e

Unlocking Medical Law and Ethics 2e PDF Author: Claudia Carr
Publisher: Routledge
ISBN: 1317743512
Category : Law
Languages : en
Pages : 444

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Book Description
Unlocking Medical Law and Ethics will help you grasp the main concepts of Medical Law with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising. The information is clearly presented in a logical structure and the following features support learning helping you to advance with confidence: Clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject Key Learning Points throughout each chapter allow you to progressively build and consolidate your understanding End-of-chapter summaries provide a useful check-list for each topic Cases and judgments are highlighted to help you find them and add them to your notes quickly Frequent activities and self-test questions are included so you can put your knowledge into practice Sample essay questions with annotated answers prepare you for assessment Glossary of legal terms clarifies important definitions This second edition has been updated to include discussion of recent changes and developments within the module, such as updated case law, including: Birmingham Children’s NHS Trust v B 2014 EWHC 531; NHS Foundation Trust v A 2014 EWHC 920; A NHS Trust v DE 2013 EWHC 2562; Re P-M (Parental Order: Payments to Surrogacy Agency) 2013 EWHC 2328; R v Catt (Sarah Louise) 2013 EWCA 1187 and Doogan v Greater Glasgow and Clyde Health Board and others 2013 CSIH 36. The books in the Unlocking the Law Series get straight to the point and offer clear and concise coverage of the law, broken-down into bite-size sections with regular recaps to boost your confidence. They provide complete coverage of both core and popular optional law modules, presented in an innovative, visual format and are supported by a website which offers students a host of additional practice opportunities. Series editors: Jacqueline Martin LLM has over ten years’ experience as a practising barrister and has taught law at all levels. Chris Turner LLM is Senior Lecturer in Law at Wolverhampton University and has taught law at all levels.