Download PDF by V.H. Harpwood: Medicine, Malpractice and Misapprehensions (Biomedical Law

By V.H. Harpwood

ISBN-10: 0203940458

ISBN-13: 9780203940457

ISBN-10: 0415428076

ISBN-13: 9780415428071

Studying the extent of claims for medical negligence within the gentle of the newest traits and gaining knowledge of no matter if there's certainly a litigation situation in healthcare, this ebook is a topical and compelling exploration of healthcare and doctor-patient relationships. the writer: identifies and analyzes the starting to be pressures on medical professionals in smooth society, putting their function in context explores many of the myths surrounding media claims approximately malpractice considers the perform of ‘defensive drugs’ and the variation among shielding practices and good threat administration examines exterior pressures, corresponding to political interference with medical perform within the type of target-setting and what could be defined as a tradition of creeping privatization of healthcare. protecting the subjects of medication and the media and the explanations of occupational pressure between medical professionals, this quantity is a needs to learn for all scholars of clinical legislation and scientific ethics.

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Extra resources for Medicine, Malpractice and Misapprehensions (Biomedical Law and Ethics Library)

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34 Medicine, malpractice and misapprehensions research carried out in the US and Australia, as Tom Baker observed in his analysis of the research conducted there,120 mostly in hospitals, into the alleged malpractice epidemic,121 commenting that although few hospitals today are willing to open themselves up to intense public scrutiny, observational studies conducted by anonymous observers in hospitals are likely to provide a fuller and more accurate picture than retrospective studies. Almost all the studies that have been conducted in the UK and elsewhere are retrospective.

The Scottish NHS has paid almost £40million compensation to claimants in the course of the past five years, according to official figures obtained by the SNP. 8million in 2005–06. Figures produced by the CNST for the ten highest awards in England as at 31 December 2006 are as follows:78 Table 11 2006 categories of claim in highest awards Cause of complaint Failure/delay in responding to an abnormal foetal heart rate Delay in diagnosis of foetal distress Informed consent not correctly obtained Failure/delay in diagnosis Failure to respond to birth complications Failure/delay in responding to an abnormal foetal heart rate Failure/delay in diagnosis Failure to monitor second stage labour Failure to perform tests Failure to diagnose pre-eclampsia Damages paid (£) 5,555,000 5,620,290 5,624,976 5,749,111 5,793,782 5,800,000 6,248,845 6,635,000 8,300,000 12,400,000 Other awards during the first four months of 2006 include the payment to a 19year-old man of a lump sum of £1,900,000 plus periodic payments for brain injuries he suffered during the neonatal period in October 1986, leaving him with severe and uncontrollable epilepsy and profound learning disabilities;79 £2,350,638 to a 26-year-old man for the brain injuries sustained as a result of a delay in repairing a congenital heart defect following his birth in 1979;80 78 79 80 Rosie Winterton, in answer to a House of Commons written question, Hansard, 29 January 2006.

Since the number of claims per year, whether analysed by year of incident or year of claim, has been consistent over a ten-year period, there is a clear indication that there has been a compensation culture for the past ten years in the UK. 64 65 A v National Blood Authority [2001] Lloyds Rep Med 187. Limitation Act 1980, s 33(1A)(a). 7,000 6,000 3,000 2,000 1,000 181 220 236 261 293 335 419 542 656 810 1,056 1,374 1,771 2,498 2,912 3,346 5,000 4,000 21 6,135 6,061 6,225 6,375 5,862 5,784 5,412 5,454 5,148 4,962 5,075 Data, accuracy, compensation and error 79/80 80/81 81/82 82/83 83/84 84/85 85/86 86/87 87/88 88/89 89/90 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 0 Figure 2 Projected figures over next 20 years Even small changes to the rate that claims are received in future years, perhaps as a result of population growth or an increase in claims arising from hospital-acquired infections, will make significant differences to the way in which the figures will appear in 20 years’ time.

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Medicine, Malpractice and Misapprehensions (Biomedical Law and Ethics Library) by V.H. Harpwood


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