Langsung ke konten utama

A Guide to Consent in Clinical Negligence (9781911035121)



For many years, the law in the UK on consent was singularly out of step with other Commonwealth jurisdictions. Now the recent decision of the Supreme Court in the case of Montgomery v Lanarkshire Health Board has clarified the position in the UK and firmly recognised the rights of the patient in this area of the law. The Supreme Court has at last recognised the right of the particular patient to make informed choices about their own health care, that information disclosure to patients should be treated differently in law from issues relating to diagnosis and treatment, and therefore that in law the professional practice test is not an appropriate test to be applied in information disclosure cases. The case has had far-reaching implications for many, and has led to the introduction of a patient-focused test to the law on consent, and a change in practice.

This book is intended equally for students, lawyers, doctors and other members of the health care professions. It sets out in full, the legal arguments advanced through the various stages of Montgomery v Lanarkshire Health Board to its final conclusion in the Supreme Court. It analyses the law on consent prior to the Supreme Court decision in Montgomery and the arguments made in Montgomery in the Scottish courts and the Supreme Court and also considers how the decision has been interpreted by the courts since. In addition there is analysis of the law on consent in other jurisdictions, particularly Australia and Canada. The Supreme Court specifically endorsed the twofold test in the Australian case of Rogers v Whitaker. It is suggested the approach found in these jurisdictions holds the key to understanding how the Supreme Court wished to develop the law on consent and the test to be applied. Those who wish to advance and develop the law in the UK should be familiar with the decisions of those jurisdictions.

ABOUT THE AUTHOR

Lauren Sutherland QC called to the bar in 1996 and took silk in 2016. Since being called to the bar she has specialised in clinical and professional negligence, and human rights issues in medical law. She is ranked in both Chambers UK and the Legal 500 for clinical negligence (Band 1). She has written and lectured extensively in the area of personal injury and clinical negligence. For many years, she taught 'consent' to dental and medical students. She was part of the legal team in the land-mark case of Montgomery v Lanarkshire Health Board [2015] UKSC 11.


Product details

  • Paperback | 430 pages
  • 155.96 x 233.93 x 22.1mm | 598.74g
  • London, United Kingdom
  • English
  • Illustrations, black and white
  • 1911035126
  • 9781911035121
  • 994,702


Download A Guide to Consent in Clinical Negligence (9781911035121).pdf, available at ebookdownloadfree.co for free.

GET FREE NOW

Komentar

Posting Komentar

Postingan populer dari blog ini

Vulkan Programming Guide : The Official Guide to Learning Vulkan (9780134464541)

The Definitive Vulkan (TM) Developer's Guide and Reference: Master the Next-Generation Specification for Cross-Platform Graphics The next generation of the OpenGL specification, Vulkan, has been redesigned from the ground up, giving applications direct control over GPU acceleration for unprecedented performance and predictability. Vulkan (TM) Programming Guide is the essential, authoritative reference to this new standard for experienced graphics programmers in all Vulkan environments. Vulkan API lead Graham Sellers (with contributions from language lead John Kessenich) presents example-rich introductions to the portable Vulkan API and the new SPIR-V shading language. The author introduces Vulkan, its goals, and the key concepts framing its API, and presents a complex rendering system that demonstrates both Vulkan's uniqueness and its exceptional power. You'll find authoritative coverage of topics ranging from drawing to memory, and threading to compute shaders. The autho...
Posting Komentar
Baca selengkapnya

Studies in Gangs and Cartels (9780415638050)

Concerns over the changing nature of gangs and cartels and their relationships to states in the late 20th and early 21st centuries has resulted in the emergence of a scholarly body of work focused on their national security threat potentials. This body of work, utilizing the third generation gangs and third phase cartel typologies, represents an alternative to traditional gang and organized crime research and one that is increasingly influencing the US defense community. Rather than being viewed only as misguided youth and opportunistic criminals or, in their mature forms, as criminal organizations with no broader social or political agendas, more evolved gangs and cartels, are instead seen as developing political, mercenary, and state-challenging capacities. This evolutionary process has emerged due to the growing illicit economy and other unintended consequences of globalization. This important anthology of writings by Robert J. Bunker and John P. Sullivan draws upon a collection of ...
Posting Komentar
Baca selengkapnya

Kosher by Design Kids in the Kitchen (1578190711)

Give kids memories and skills that will last a lifetime! Thanks to Susie Fishbein - author of the best-selling cookbooks Kosher by Design and Kosher by Design Entertains - you and your child can have the time of your lives in the kitchen. A time to experiment with new cooking ideas and taste the yummy results together. Kids love to cook, and even the pickiest eaters will savor foods they prepare themselves. The recipes in this book are for real food, not silly novelties. They're simple enough to give a child confidence in his/her ability to turn out great tasting, appetizing meals, and interesting enough to engage the parental chief chef. Kid-friendly in every way, easy-to-follow instructions and helpful tips teach your child to use the techniques known by every good cook. Each recipe comes with an equipment list and an ingredient list, so everything can be assembled ahead of time. And a photo of every scrumptious dish inspires your youngster to scale the heights of kid cookery! ...
Posting Komentar
Baca selengkapnya