Basic Law for Doctors
A must-have guide for medical professionals seeking to avoid medical negligence lawsuits by adjusting how they practice to conform with what the law requires.
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Product description
A must-have guide for medical professionals seeking to avoid medical negligence lawsuits by adjusting how they practice to conform with what the law requires.
Tap into the wellspring of 25 years of exceptional medico-legal experience. Authored by the esteemed John Saner, renowned for his previous work Medical Malpractice in South Africa, this practical guide is an essential resource in an era of escalating litigation and growing legal challenges. It aims to empower doctors with invaluable knowledge about the laws that govern their practice and offers practical advice on how to navigate the legal landscape and mitigate the risk of medical negligence lawsuits.
From understanding the reasonable doctor standard to discussing the duty to disclose a diagnosis, informed consent and maintaining patient records, and much more, this publication covers a wide range of crucial topics. Providing valuable insights on avoiding legal claims and defending themselves in the face of unexpected legal challenges, written in language that busy medical professionals can easily consume, this is an indispensable instrument in any practice.
Table of contents
CHAPTER 1 - The ‘reasonable doctor’ standard
CHAPTER 2 - Standards in practice
CHAPTER 3 - The qualities of the reasonable doctor
CHAPTER 4 - Factors relevant in assessing reasonableness
CHAPTER 5 - Unlawfulness (wrongfulness)
CHAPTER 6 - Errors of judgement are not necessarily negligent
CHAPTER 7 - Lack of skill
CHAPTER 8 - Lack of skill in an emergency situation
CHAPTER 9 - Lack of experience – the novice doctor
CHAPTER 10 - Misdiagnosis
CHAPTER 11 - Failure to refer
CHAPTER 12 - Failure to follow up and provide post-treatment care
CHAPTER 13 - The duty to disclose a diagnosis
CHAPTER 14 - Departure from accepted treatments
CHAPTER 15 - The legal liability of the Good Samaritan doctor
CHAPTER 16 - What is consent and why is it necessary?
CHAPTER 17 - Disclosures necessary to obtain consent
CHAPTER 18 - What happens when informed consent is not obtained?
CHAPTER 19 - Consent must be voluntary
CHAPTER 20 - A patient’s right to refuse treatment and withdraw consent
CHAPTER 21 - Withdrawal of consent
CHAPTER 22 - Communicating information for consent
CHAPTER 23 - Consent may be express or implied
CHAPTER 24 - Capacity to consent
CHAPTER 25 - Consent: termination of pregnancy, and sterilisation
CHAPTER 26 - Consent to medical treatment: minors
CHAPTER 27 - Consent: mentally ill persons
CHAPTER 28 - Consent and medical research
CHAPTER 29 - When consent may not be required: unauthorised administration
CHAPTER 30 - When consent may not be required: unauthorised administration
CHAPTER 31 - Therapeutic privilege
CHAPTER 32 - Risk to public health
CHAPTER 33 - A court order may override lack of informed consent
CHAPTER 34 - Consent: deviations or extensions of medical interventions
CHAPTER 35 - The importance of patient records in medical negligence litigation
CHAPTER 36 - Patient records
CHAPTER 37 - The content and purpose of patient records
CHAPTER 38 - Privacy and confidentiality of patient information
CHAPTER 39 - Lack of competence to give consent to disclosure
CHAPTER 40 - Disclosure of patient information in connection with judicial and other statutory proceedings
CHAPTER 41 - Access to medical documents and records in medico-legal litigation
CHAPTER 42 - The structure of the medical profession
CHAPTER 43 - Registration as a prerequisite for practising in the medical profession
CHAPTER 44 - Fees
CHAPTER 45 - Unprofessional conduct: discipline in the profession
CHAPTER 46 - Ethics
CHAPTER 47 - Discipline in the medical profession
CHAPTER 48 - So, you want to be a medical expert witness?
Appendices
