By J. P. Jackson (auth.), J. P. Jackson MB, FRCS (eds.)
Legal motion related to medical professionals, both as defendants or professional witnesses, has significantly elevated during the last decade and few can now stay aloof from this point in their career. Written through medical professionals (including 5 Council participants of the clinical Defence Union of serious Britain) and legal professionals, this sensible consultant bargains transparent and accomplished recommendation to all involved. Part I discusses tips to write clinical studies, particularly while consent is needed or exclusive info is concerned. Part II covers contentious matters in a number of scientific specialties which many times come up in litigation; recognized examples are instances concerning whiplash accidents or perinatal mind harm. In Part III attorneys speak about the medico-legal difficulties of the solicitor's position, courtroom testimony and clinical negligence. This booklet is a worthwhile connection with all contributors of the scientific occupation. legal professionals, officers and others open air the scientific career who come into touch with scientific litigation yet have restricted clinical wisdom will locate a lot priceless information.
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Additional resources for A Practical Guide to Medicine and the Law
Age of Consent In English law, any person of sound mind who has attained the age of sixteen years may give legally valid consent to surgical, medical or dental treatment or procedures (Section 8, Family Law Reform Act 1969). What has been less clear is whether a person under the age of sixteen can give consent. The Act does not say that he or she may not. In a case which reached the House of Lords in 1984 (Gillick v. West Norfolk and Wisbech Area Health Authority and the Department of Health and Social Security  AC 112) it was held that, save where statute otherwise prOvides, a minor's capacity to make his or her own decision depends upon the minor having sufficient understanding and intelligence to make the decision, and is not to be determined by reference to any judicially ftxed age-limit.
S  1 All ER 1230. However, this is not to discourage the sound medical practice of discussing a proposed abortion with the father (provided that the mother agrees). Similar considerations apply to contraception as to abortion. For adults there is no legal requirement to seek the consent of the spouse/consort. Many practitioners prefer to ask for the consent of both parties before fitting an intra-uterine contraceptive device and, whilst there is no legal requirement to do so, it is sound medical practice.
PatienVparenVguardian*) Date .......................................... I confirm that I have explained the nature and purpose of this operation/treatment to the person(s), who signed the above form of consent. Signature ....... ... ... .... ..... (Medical practitioner) Date .......................................... * Delete whichever is applicable Fig. 2. A standard consent form. In the case of hospital post-mortem examinations performed for the purpose of establishing the cause of death or of investigating the existence or nature of abnormal conditions, section 2 of the Human Tissue Act 1961 clears up any doubt about their lawfulness.
A Practical Guide to Medicine and the Law by J. P. Jackson (auth.), J. P. Jackson MB, FRCS (eds.)