Overview

In a professional context where, more than ever before, the daily work of clinicians is subjected to intense scrutiny, this essential guide to medicine and the law addresses the fundamentals of how the law, lawyers and the legal system affect clinical practice. Medicine and the law are intricately linked through statutes, regulations and the common law. Yet, very few clinicians have more than a fuzzy understanding of the law and understand even less about how lawyers will approach medical matters when it is alleged that treatment has fallen short of what is reasonably to be expected of treating clinicians. The text explores: the common law principles that provide the context for clinical practice the importance of high-quality medical communication skills the need for explanatory medical notes and records the differences between evidence of fact and expert evidence essential legal knowledge in key-areas of clinical practice, including: patient confidentiality consenting patients mental capacity emergency detention of patients police investigations and the treatment of prisoners whistle-blowing and the duty of candour investigating incidents producing investigation reports and witness statements attending inquests fitness to practise proceedings criminal proceedings and civil claims for damages. Clinicians who integrate the basic legal principles explored in the text into their practice will not only develop a more robust approach to clinical practice, but are also likely to become better clinicians in the process. Giles Eyre is a barrister (now retired) who has spent a career working with clinicians in the context of litigation and other disputes and brings to this book not only his knowledge of the law but also of the practicalities of a clinician's work at its interface with the law. It is Giles Eyre's direct experience in the practice of these areas of the law, and his gift for clear and uncomplicated exposition, which makes this book so useful. It vitally fills a gap for clinicians. Those in established clinical practice would do well to consult it as a matter of course, and it deserves to become a basis for study for those in training. James Badenoch Q.C. This introductory guide provides information of importance for those anxious about the boundaries between medical practice and the law, and who wish to equip themselves better for a career in medicine. Dr M E J Wise MSc FRCPsych IDFAPA

Full Product Details

Author:   Giles Eyre
Publisher:   Professional Solutions Publications
Imprint:   Professional Solutions Publications
ISBN:  

9780956934123

ISBN 10:   0956934129
Pages:   160
Publication Date:   26 October 2018
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Introduction - Medicine and the Law A Lawyer's Mind - Use of words, Logic, Reasoning process, Oral and documentary, Consistency and inconsistency Evidence - Factual evidence, Direct evidence, Hearsay, Oral evidence, Witness statements, Documentary evidence, Expert evidence, Bias Proof - The burden of proof, The standard of proof The Court System Preparing a Witness Statement - Content, Form Acting as an Expert - Contrasting factual and opinion evidence, The expert as witness of fact, The expert as witness of expert facts, The expert expressing opinion as to `missing' facts, The expert giving `pure' opinion evidence, Expert evidence and `the ultimate issue', Rules as to admissibility of expert evidence, Who is an expert Records and Making Notes - Contents of records, The normal and routine, and `standard practice', Negatives or absence of findings, Explaining decisions, `After the event' records Communication - Patients, Patients' families, Professionals, The Media Confidentiality - Disclosure with the patient's consent, The disclosure is in a patient's best interests, The disclosure is required by law, The disclosure is in the public interest, Recording decisions, Data protection, Reflective practice Helping the Police with their Inquiries - Complaint about the clinician being questioned - Inquiries into someone other than the clinician, Road traffic, Terrorism, Gunshot and knife wounds, Investigations in relation to other serious crimes, Police searching for a missing person, Female genital mutilation, Seizure of evidence, Witness statements Patients in Custody - Patients accompanied by the police, Patients from prison Consenting - General principles, Battery and trespass, Civil claims - the Montgomery test, Practicalities - By whom and when, Forms and records, The discussion, The risk, Communication issues, The reluctant patient, Children and young people Mental Capacity and Mental Disorder - The statutory framework, The test in practice, Best interests, Dementia and long-term incapacity, Detaining a person for emergency treatment - The outpatient attending A&E, The inpatient, Section 136 detention by police, Inpatient receiving mental health treatment When Things go Wrong - Duty of Candour, Public interest disclosure (`whistleblowing'), Serious incident investigation ,Civil claim for damages in negligence, Criminal prosecution - Manslaughter by gross negligence, Ill treatment or wilful neglect, Assault, Health & Safety, Fitness to practise - regulatory process, Inquests, Disciplinary proceedings, Care Quality Commission inspection, Insurance, indemnity and support

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Author Information

Giles Eyre is a recently retired barrister and an Associate Member of Chambers at 9 Gough Square, London, having practised for many years in the field of injury claims and at the interface of law and medicine. He continues giving training and presenting workshops for experts on providing effective expert reports and evidence, and on medico-legal issues. He is co-author of Writing Medico-Legal Reports in Civil Claims - an essential guide (2nd edition 2015), and author of Clinical Practice and the Law - a legal primer (October 2018) both published and sold by Professional Solutions Publishing (www.prosols.uk.com), and regularly writes articles on these subjects. He blogs on issues relevant to court experts in civil claims - with particular but not exclusive relevance to medical experts - at www.medico-legalMinder.net.

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