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9781789908886

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'The most detailed and rich consideration of the legal status of national and local clinical guidelines available. The volume tackles fundamental legal and ethical questions, concerning the role of healthcare instruments which claim a basis in robust development processes and scientific data: do guidelines legitimately underpin 'guidance' or 'instructions'; how do - and should - they influence courts, in differing jurisdictions, when deciding legal standards of care; and what are the legal implications of practitioners' adhering to, or departing from, clinical guidelines? In keeping with a governance tool that has ramified throughout the medical world, the editors, Jo and Ash Samanta, recognise the extraordinary global reach of guidelines and have assembled an array of international scholars and legal and medical analysts, to critically interrogate this trans-national legal nexus. Teeming with analysis of the key legal principles and cases, this collection offers the most expansive and authoritative treatment of the subject.' - Brian Hurwitz, King's College London, UK 'This is a timely collection, written by experts in the field, that provides real insight into legal and ethical issues around clinical guidelines and the law of negligence. The book succeeds in its aim of bringing together different perspectives to create an overview where previously there were discrete and narrow silos of research. I can thoroughly recommend it.' - Jose Miola, University of Leeds, UK

'The most detailed and rich consideration of the legal status of national and local clinical guidelines available. The volume tackles fundamental legal and ethical questions, concerning the role of healthcare instruments which claim a basis in robust development processes and scientific data: do guidelines legitimately underpin 'guidance' or 'instructions'; how do - and should - they influence courts, in differing jurisdictions, when deciding legal standards of care; and what are the legal implications of practitioners' adhering to, or departing from, clinical guidelines? In keeping with a governance tool that has ramified throughout the medical world, the editors, Jo and Ash Samanta, recognise the extraordinary global reach of guidelines and have assembled an array of international scholars and legal and medical analysts, to critically interrogate this trans-national legal nexus. Teeming with analysis of the key legal principles and cases, this collection offers the most expansive and authoritative treatment of the subject.' -- Brian Hurwitz, King's College London, UK 'This is a timely collection, written by experts in the field, that provides real insight into legal and ethical issues around clinical guidelines and the law of negligence. The book succeeds in its aim of bringing together different perspectives to create an overview where previously there were discrete and narrow silos of research. I can thoroughly recommend it.' -- Jose Miola, University of Leeds, UK

Author Information

Edited by Jo Samanta, Emeritus Professor, Law School, De Montfort University, Leicester and Ash Samanta, Emeritus Consultant Physician and Rheumatologist, University Hospitals of Leicester and Lecturer in Medical Law, Law School, De Montfort University, Leicester, UK

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