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Essay / Research Paper Abstract
This 4 page paper compares the medical malpractice cases and regulation in three European countries and the US state of Maryland, looking at the similarities of the use of tort law and identifying the differences in approach. The bibliography cites 10 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TEmedukswe.rtf
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Unformatted sample text from the term paper:
and may be seen as both an ethical requirement as well as a deterrent for careless of ill-considered medical actions. The way in which this is established may be seen
as broad raging wit different interpretation given to the various approaches. We can see these differences if we look at three countries from Europe and compare them to Maryland in
the USA. If we look at the UK as the starting point the UK has a fault based system. Like other countries the bringing of a medical negligence
or malpractice claim comes under Tort law, were there are several requirements such as proximity and duty of care. In medical cases, due to the scenario these are not usually
an issue. This issue that is relevant is that of the standard of care and it is here that there is the shift away from professional autonomy. The first
case that established a standard of care and demonstrated the respect for professional autonomy was the case of Bolam v Friern HMC [1957] 1 All ER 118, where it was
stated that "A doctor is not guilty of negligence if he has acted in accordance with practice accepted as proper by a responsible body of medical men skilled in that
particular art" (Lexis, 2005). This test is referred to as the Bolam test and has, as its foundation, the idea that doctors
need to be judged by the standards of their peers (Elliott and Quinn, 2001). The defendant doctor ill win the case if they are able to produce if there are
other medical professionals who will state that the actions taken were proper. However, this is a very limited judgement, as the peer does not have to accept that they
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