Medical Law Precedents for Lawyers
Wildy, Simmonds and Hill Publishing (Verlag)
978-0-85490-037-4 (ISBN)
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Written by eminent practitioners in their respective fields, Medical Law Precedents for Lawyers provides a comprehensive collection of fully annotated precedents. It is designed to be a procedural one-stop-shop for all lawyers, whether specialists or otherwise, conducting litigation in any area of medical law from clinical negligence to public law.
Each section of the book contains precedents – including draft letters, checklists, pleadings, court orders etc – which are designed to be easily adaptable to whatever factual situation the user faces. It is not assumed that the user will be familiar with the legal or procedural reasons for doing things in the way suggested by the precedent, and accordingly each precedent is annotated in detail. These annotations, which are inserted by way of footnote, mean that the book is a complete and very practical guide to most of the relevant procedural law and many important aspects of substantive law.
It will be invaluable to any busy practitioner asked for advice on clinical negligence, inquests, consent to treatment, withdrawal of treatment, clinical confidentiality, complaining about a healthcare professional, disciplinary and regulatory law in the medical sphere, public law challenges to the decisions of healthcare bodies and – (of increasing importance) – mental capacity issues.
Charles Foster is a barrister at Outer Temple Chambers, specialising in medical law. He has written, edited or contributed to over thirty books, many of them concerned with medical law, and is a regular speaker at medico-legal conferences.
Contributors
Preface
1 CLINICAL NEGLIGENCE: THE SOLICITOR’S SIDE
Experts
Funding
Miscellaneous
2 CLINICAL NEGLIGENCE: PLEADINGS
3 CLINICAL NEGLIGENCE: QUANTUM CONSIDERATIONS
Periodical payments orders
Introduction
State funding
How it words in practice
4 CLINICAL CONFIDENTIALITY
5 MEDICAL TREATMENT OF CHILDREN
When should the court be involved?
Children and medical treatment – an outline
Children under 16 who lack capacity
Children under 16 with capacity to give consent
Children aged between 16 and 18 with capacity
Children aged between 16 and 18 without capacity
How the court approaches medical treatment cases
Application for specific issue order under the Children Act 1989 – principles
Applications concerning the unborn child – principles
The inherent jurisdiction of the High Court and wardship
Wardship procedure
Applications under the inherent jurisdiction – procedure
Urgent applications
Precedents
6 TREATMENT OF ADULT PATIENTS UNDER THE MENTAL CAPACITY ACT
Introduction
‘P’ and the assessment of capacity
Lasting powers of attorney/existing enduring powers of attorney
Advance decisions to refuse treatment
Deputies/existing receivers
Independent mental capacity advocates
Public Guardian and the Office of the Public Guardian
Ill treatment/wilful neglect of someone lacking capacity
Relationship with the Mental Health Act 1983
Deprivation of liberty safeguards
Court of Protection
Jurisdiction
When to go to court
Discussions with Official Solicitor’s staff before issue
Written evidence
Expert evidence
Notification to persons other than the respondent
Parties
Permission
Application within proceedings
Urgent applications
Claims based on the Human Rights Act 1998
Reporting restrictions
Disputing the court’s jurisdiction where P ceases to lack capacity or dies
Deputy’s declaration and report
Registration of an existing EPA
Registration of an LPA
Appeals
7 DISCIPLINE AND REGULATION
The General Medical Council
History and remit
Publications
The old disciplinary/regulatory scheme
The new disciplinary/regulatory scheme
The hypothetical cases: an introduction
The General Dental Council
Introduction
Resources
Procedures
The hypothetical case: introduction
The Nursing and Midwifery Council
Introduction
Resources
Procedure
The hypothetical case: introduction
The Health Professions Council
Other healthcare professions
The Council for Healthcare Regulatory Excellence
8 INQUESTS
Correspondence
Exhumation
| Erscheint lt. Verlag | 31.3.2010 |
|---|---|
| Verlagsort | London |
| Sprache | englisch |
| Maße | 189 x 246 mm |
| Gewicht | 955 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Medizinrecht | |
| ISBN-10 | 0-85490-037-3 / 0854900373 |
| ISBN-13 | 978-0-85490-037-4 / 9780854900374 |
| Zustand | Neuware |
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