Criminalising Medical Malpractice PDF Download
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Author: Mélinée Kazarian
Publisher: Routledge
ISBN: 1351582305
Category : Law
Languages : en
Pages : 230
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Book Description
The criminalisation of healthcare malpractice has become a highly topical and somewhat controversial question in recent years. Studies have demonstrated that in England and Wales, the trend towards holding healthcare professionals to account for malpractice is rapidly growing, abolishing the deference doctors enjoyed decades ago. The changing attitude of judges to claims for clinical negligence has been well documented. The role of the criminal process in England and Wales has been less fully analysed with the criminal law playing a very limited role until recently in the regulation of poor healthcare practice. In contrast, in France, the criminal process has for a long time been invoked more readily to respond to cases of healthcare malpractice, which involved even mere errors. This book compares English and French criminal law responses to healthcare malpractice and considers what lessons the French model can provide for potential reform in England and elsewhere. The book takes the HIV-contaminated blood episode as a primary example of the different approaches France and England have in dealing with healthcare malpractice. Kazarian emphasises the impact of rules of substantive criminal law and criminal procedure on the way in which healthcare malpractice is criminalised in a given country. This book explores the key lessons to be drawn on whether the criminal process is an appropriate means to respond to instances of healthcare malpractice. It proposes that features of French criminal law and criminal procedure might be useful to counteract healthcare malpractice.
Author: Mélinée Kazarian
Publisher: Routledge
ISBN: 1351582305
Category : Law
Languages : en
Pages : 230
Get Book Here
Book Description
The criminalisation of healthcare malpractice has become a highly topical and somewhat controversial question in recent years. Studies have demonstrated that in England and Wales, the trend towards holding healthcare professionals to account for malpractice is rapidly growing, abolishing the deference doctors enjoyed decades ago. The changing attitude of judges to claims for clinical negligence has been well documented. The role of the criminal process in England and Wales has been less fully analysed with the criminal law playing a very limited role until recently in the regulation of poor healthcare practice. In contrast, in France, the criminal process has for a long time been invoked more readily to respond to cases of healthcare malpractice, which involved even mere errors. This book compares English and French criminal law responses to healthcare malpractice and considers what lessons the French model can provide for potential reform in England and elsewhere. The book takes the HIV-contaminated blood episode as a primary example of the different approaches France and England have in dealing with healthcare malpractice. Kazarian emphasises the impact of rules of substantive criminal law and criminal procedure on the way in which healthcare malpractice is criminalised in a given country. This book explores the key lessons to be drawn on whether the criminal process is an appropriate means to respond to instances of healthcare malpractice. It proposes that features of French criminal law and criminal procedure might be useful to counteract healthcare malpractice.
Author: Amel Alghrani
Publisher: Cambridge University Press
ISBN: 1107021537
Category : Bioethics
Languages : en
Pages : 353
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Book Description
"Who should define what constitutes ethical and lawful medical practice? Judges? Doctors? Scientists? Or someone else entirely? This volume analyses how effectively criminal law operates as a forum for resolving ethical conflict in the delivery of health care. It addresses key questions such as: how does criminal law regulate controversial bioethical areas? What effect, positive or negative, does the use of criminal law have when regulating bioethical conflict? And can the law accommodate moral controversy? By exploring criminal law in theory and in practice and examining the broad field of bioethics as opposed to the narrower terrain of medical ethics, it offers balanced arguments that will help readers form reasoned views on the ethical legitimacy of the invocation and use of criminal law to regulate medical and scientific practice and bioethical issues"--
Author: Alan Merry
Publisher: Cambridge University Press
ISBN: 110718049X
Category : Law
Languages : en
Pages : 427
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Book Description
Errors and violations harm many patients: this book explores how to improve both accountability and patient safety in healthcare.
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1508
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Book Description
Author: Jeremy Horder
Publisher: Oxford University Press
ISBN: 0198753071
Category : Law
Languages : en
Pages : 561
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Book Description
Ashworth's Principles of Criminal Law, now in its eight edition, takes a distinctly different approach to the study of criminal law, whilst still covering all of the vital topics found on criminal law courses. Uniquely theoretical, it seeks to elucidate the underlying principles and theoretical foundations of the criminal law, and aims to critically engage readers by contextualizing and analysing the law. This is essential reading for students seeking a sophisticated and critically engaging exploration of the subject. The text is accompanied by an Online Resource Centre housing a full bibliography as well as a selection of useful web links.
Author: Sheila A. M. McLean
Publisher: Routledge
ISBN: 1317134982
Category : Law
Languages : en
Pages : 622
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Book Description
This collection brings together essays from leading figures in the field of medical law and ethics which address the key issues currently challenging scholars in the field. It has also been compiled as a lasting testimony to the work of one of the most eminent scholars in the area, Professor Ken Mason. The collection marks the academic crowning of a career which has laid one of the foundation stones of an entire discipline. The wide-ranging contents and the standing of the contributors mean that the volume will be an invaluable resource for anyone studying or working in medical law or medical ethics.
Author: Margaret Brazier
Publisher: Penguin UK
ISBN:
Category : Law
Languages : en
Pages : 600
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Book Description
Medicine, Patients and the Lawis a leading book in its field, aimed at practitioners and students of both law and medicine, as well as the general reader. It examines the regulation of medical practice, the rights and duties of patients and their medical advisers, the provision of compensation for medical mishaps and the framework of rules governing those delicate issues of life and death where medicine, morals and the law overlap. The fourth edition of this highly acclaimed book is fully updated to cover recent changes in law and medical practice. Among other current issues, it addresses the radical reforms proposed by the Shipman Inquiry, the impact of change within the NHS, the Mental Capacity Act of 2005 and includes a new chapter on access to health care. Clear explanations of legal issues make this book accessible and absorbing.
Author: Steven Greer
Publisher: Cambridge University Press
ISBN: 1108647456
Category : Law
Languages : en
Pages : 562
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Book Description
Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.
Author: Edward Premdas Pinto
Publisher: Springer Nature
ISBN: 9811581436
Category : Medical
Languages : en
Pages : 313
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Book Description
This book presents important fields of research in public healthcare in India from an interdisciplinary and health systems perspectives. Discussing how the exchange of power between the health justice triad, viz., the State (judiciary as the arm of the State), legal and medical professions, and civil society, cumulatively shapes the outcomes of health justice for citizens, it provides insights into India’s juridico-legal processes and of seeking justice in healthcare. It critically assesses civil society’s counter-hegemonic role in bolstering justice in health care and examines the potential of transforming health care jurisprudence into health justice. Repositioning the social right to healthcare as integral to social citizenship and social justice, and opening avenues for inter-professional and interdisciplinary power discourse in public health policy research, the book is of interest to academics, practitioners, students, researchers, and the wide academic community working in public health care issues broadly.
Author: Amel Alghrani
Publisher: Cambridge University Press
ISBN: 1107025125
Category : Law
Languages : en
Pages : 307
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Book Description
This volume analyses how effectively criminal law operates as a forum for resolving ethical conflict in the delivery of health care.
