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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Medical Practice and Malpractice

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ISBN13: 9780754620334
ISBN: 0754620336
Published: March 2003
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print

Our familiarity of the term ""medical malpractice"", which is commonplace in North American jurisdictions, and increasingly used elsewhere, cannot disguise an element of imprecision. Frequently equated with negligence, ""malpractice"" has also been held to cover trespassory conduct, as well as to embrace professional misconduct more generally. Although the essential focus of this volume is on medical negligence, it incorporates some material, for example, on confidentiality and fiduciary relationships, which reflects a broader conception of the field. In selecting the articles which make up the work, the author concentrated on providing an overview of medical practice and malpractice which highlights the ways in which the issues and developments have been addressed in a variety of jurisdictions.

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Perceptions of medical practice: malpractice and the presumptions of medical practice, D.T. Ozar; what's so special about medicine?, D. Sulmasy; clinical loyalties and the social purposes of medicine, M.G. Bloche. Liability of medical practitioners: a fiduciary relationship? - the doctor as fiduciary, A. Grubb; confidentiality - the limits of medical confidence, L. Waller; standard of care - 100 years of harmful error - the historical jurisprudence of medical malpractice, T. Silver; medicine, accountability and professionalism, J. Montgomery; the Bolam test and the responsible expert, M.A. Jones; medical malpractice and the contract/tort boundary, P.S. Atiyah; medical malpractice implications of alternative medicine, D.M. Studdert et al; practice guidelines as legal standards governing physician liability, C.C. Havighurst; causation - causation, risk, and loss of chance in medical negligence, M. Stauch; informed consent - rethinking informed consent, P. Schuck; English medical law and ""informed consent"" - an antipodean assessment and alternative, P.D.G. Skegg; the powers of compassion - truth-telling among American doctors in the case of dying patient, N. Miyaji. Institutional liability: enterprise medical liability and the evolution of the American health care system, K.S. Abraham, P.C. Weiler. Social foundations of medical malpractice litigation: medical malpractice in 20th-century United States, the interaction of technology, law and culture, K. De Ville. Medical injury, litigation and compensation: an empirical analysis of accidents and accident law, T.A. Brennan. Perceptions of malpractice and malpractice litigation: physicians discourses on malpractice and the meaning of medical malpractice, T. Marjoribanks et al; why do people sue doctors? - a study of patients and relatives taking legal action, C. Vincent. Reform and future directions: alternative dispute resolution - adapting mediation to link resolution of medical malpractice disputes with health care quality improvement, E.A. Dauer, L.J. Marcus. (Part contents).