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Essay / Research Paper Abstract
This well written 10 page paper considers if the following quote is true question is true “In England, recent legal decisions involving allegations of medical negligence show a worrying shift in judicial thinking. This has moved away from respecting professional autonomy towards a greater deference for so-called patients rights”. The paper discusses this with reference to many cases, including, but not limited to, Bolam v Friern HMC [1957] and Bolitho v Hackney HA [1997]. The paper then considers how patient are required to consent to treatment and the way this is impacting on treatment given and information revealed. The bibliography cites 6 sources.
Page Count:
15 pages (~225 words per page)
File: TS14_TEmedneg.rtf
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Unformatted sample text from the term paper:
to internal structures, but due to the way in which cases would be heard and decided and the methods used to determine if negligence had taken place. When looking at
the development of the law in this it can be argued that the idea was to respect the professional autonomy of the medical profession, with matters that those outside of
the medical profession would find hard to understand. However, in todays society there is an increasing recognition that doctors, as well as all professionals, are only human, they can make
mistakes. The increased flow of information and transparency in many public areas has increased the requirement for accountability, which has reflected on claims of medial negligence, but has this really
changes the way in which negligence cases are decided? This level of accountability and recognition of negligence within todays society may be reflected in a Department of Health survey, where
it was found that 40% of those taking action for malpractice or negligence wanted to get an apology and ensure that the professional involved understood what had happened (Mulcahy et
al, 2000). Only a third of litigants had the desire for financial compensation (Mulcahy et al, 2000). As law is an evolving mechanism it can be expected that this shift
in the accountability and transparency needs to be indicates within case law. It can also be argued that as litigation also acts as a constraint and warning to other
practitioners shifts in the way cases are determined can also serve as a warning and a foundation of r the way in which treatment will be perceived, setting the minimum
standards. The bringing of a medical negligence claim comes under Tort law, were there are several requirements such as proximity and duty of care. In medical cases, due to
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