By J. P. Jackson (auth.), J. P. Jackson MB, FRCS (eds.)
Legal motion related to medical professionals, both as defendants or specialist witnesses, has vastly elevated during the last decade and few can now stay aloof from this point in their career. Written by way of medical professionals (including 5 Council contributors of the scientific Defence Union of significant Britain) and legal professionals, this sensible advisor bargains transparent and complete suggestion to all involved. Part I discusses the right way to write scientific experiences, particularly whilst consent is needed or exclusive details is concerned. Part II covers contentious matters in quite a few scientific specialties which again and again come up in litigation; recognized examples are situations regarding whiplash accidents or perinatal mind harm. In Part III attorneys talk about the medico-legal difficulties of the solicitor's position, courtroom testimony and scientific negligence. This ebook is a beneficial connection with all participants of the clinical occupation. attorneys, officers and others open air the scientific career who come into touch with clinical litigation yet have restricted clinical wisdom will locate a lot useful information.
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Extra info for A Practical Guide to Medicine and the Law
For the children of Jehovah's Witnesses, however, the position is not so simple. No signed waiver can protect the doctor from criminal proceedings, and the Children and Young Persons Act 1933 makes it a criminal offence for anyone over sixteen who has the custody, charge or care of a child under sixteen wilfully to ill-treat, neglect or abandon that child or to expose him to unnecessary suffering or injury to health. Should the child die as a result of ill treatment or neglect, the facts could give rise to a charge of manslaughter.
A second medical opinion as to the necessity of the treatment may also be desirable, particularly where the proposed treatment could have serious consequences for the patient. While the doctor may feel able to determine the patient's best interests in most cases, there may be others involving difficult emotional, social or moral issues, such as sterilisation (see below), where the doctor may wish to seek the protection of the court by applying for a declaration before proceeding with treatment.
Rather it should be for the doctor in charge of the care of the child-patient to do what is genuinely believed to be best for the child. These decisions are not easy and should not be left to junior medical staff. Whilst the doctor concerned will hesitate before overriding the wishes of the parents, ultimately a decision will have to be made on the basis that it is the child and not the parent who is the patient. In reaching a decision the doctor will need to have due regard to all the circumstances relevant to the individual case, and to consider possible alternatives to transfusion of blood or its products.
A Practical Guide to Medicine and the Law by J. P. Jackson (auth.), J. P. Jackson MB, FRCS (eds.)