ABSTRACT
Doctors and nurses have a legal duty to respect their patients' confidentiality. Failure to do so could lead to removal from the register. This article discusses the issue of confidentiality and highlights the exceptions to the rule.
Subject(s)
Confidentiality/legislation & jurisprudence , Disclosure , Nurse-Patient Relations , Physician-Patient Relations , Codes of Ethics , Humans , Risk Assessment , United KingdomSubject(s)
Jurisprudence , Research , England , Helsinki Declaration , Humans , Informed Consent/legislation & jurisprudence , United StatesABSTRACT
In English law, a person aged 16 or over may give valid consent to medical treatment. Under the age of 16, a person who is of sufficient understanding and intelligence may also give valid consent. The right to withhold consent is not comparable.
Subject(s)
Child Advocacy/legislation & jurisprudence , Informed Consent/legislation & jurisprudence , Minors , Adolescent , Child , Child, Preschool , Comprehension , Humans , Infant , Judicial Role , Mentally Ill Persons , Parental Consent , United KingdomABSTRACT
Adults who were sexually abused as children can sue the perpetrator in the civil courts. However, if they do not do so within the time period set down by the Limitation Act 1980, they may not be entitled to any compensation. Is the law, therefore, biased against them?
Subject(s)
Child Abuse, Sexual/legislation & jurisprudence , Civil Rights/legislation & jurisprudence , Child , Humans , Time Factors , United KingdomABSTRACT
The question of whether it is possible to withdraw a feeding system from a patient who is in a persistent vegetative state raises serious legal and ethical issues which have recently been discussed in the High Court. This article discusses the issues and the Court's conclusions in this particular case.
Subject(s)
Coma/therapy , Refusal to Treat/legislation & jurisprudence , England , Euthanasia, Passive/legislation & jurisprudence , HumansABSTRACT
The question of whether it is possible to withdraw a feeding system from a patient who is in a persistent vegetative state raises serious legal and ethical issues which have recently been discussed in the High Court. This article discusses the issues and the Court's conclusions in this particular case.
Subject(s)
Coma/therapy , Enteral Nutrition/standards , Ethics, Medical , Patient Advocacy/legislation & jurisprudence , Withholding Treatment , England , Humans , Judicial Role , Liability, Legal , Mental Competency/legislation & jurisprudence , Personal Autonomy , Risk AssessmentABSTRACT
Doctors risk erasure from the register and legal action by breaching patients' confidentiality. They should be aware of the instances in which it is legally acceptable.
Subject(s)
Confidentiality/legislation & jurisprudence , Malpractice/legislation & jurisprudence , Physicians/legislation & jurisprudence , Humans , Informed Consent/legislation & jurisprudence , Licensure, Medical/legislation & jurisprudence , Occupational Medicine/legislation & jurisprudence , Public Health/legislation & jurisprudence , Research/legislation & jurisprudence , Truth Disclosure , United KingdomSubject(s)
Physicians , Workload/legislation & jurisprudence , Humans , Occupational Health , Personnel, Hospital , Time Factors , United KingdomABSTRACT
With the rise in the number of medical negligence claims over the last decade the demand on doctors to act as medical experts has correspondingly increased. This article reviews the criteria necessary to be a credible expert witness and gives guidance on writing a report that will stand the test of legal scrutiny.
Subject(s)
Expert Testimony/standards , Malpractice , Writing , Expert Testimony/methods , Humans , Truth DisclosureABSTRACT
This article summarizes the main provisions of the Access to Health Records Act 1990 and considers its implications for the medical profession. It is the authors' view that although it is unlikely that the majority of patients will avail themselves of their rights under the Act, its provisions could have significant implications in the field of medical negligence.
Subject(s)
Medical Records/legislation & jurisprudence , Patient Advocacy/legislation & jurisprudence , Humans , Physician-Patient Relations , United KingdomABSTRACT
This article considers the extent to which it would be feasible to introduce 'no fault liability' for medical accidents, while the present system for dealing with complaints procedures remains in force. What is needed, it is argued, is a genuinely independent review process for dealing with complaints about clinical judgments.
