Medical Negligence
- ISBN13:9780414028487
- 出版社:Sweet & Maxwell Ltd
- 作者:Michael Jones
- 裝訂:精裝
- 規格:24.1cm*16.6cm*5.4cm (高/寬/厚)
- 版次:5
- 出版日:2017/12/15
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Jones, Emeritus Professor of Law at the University of Liverpool, with the assistance of John McQuater, Head of Litigation at Atherton Godfrey. A selection of new cases included: Supreme Court/House of Lords/Privy Council: Montgomery v Lanarkshire Health Board (2015) where the Supreme Court held that the Bolam test should no longer apply to the duty owed by a doctor to disclose information about the risks of proposed medical treatment and its alternatives, adopting in its place the "prudent patient" test Aintree University Hospitals NHS Foundation Trust v James (2013) SC on the withdrawal of medical treatment being given to patients who lack capacity Cheshire West and Chester Council v P (2014) SC on the requirements for a lawful decision to deprive an incapacitated patient of their liberty Savage v South Essex Partnership NHS Trust (2008) and Rabone v Pennine Care NHS Foundation Trust (2012) on the potential liability under the Human Rights Act of medical professionals dealing with a patient who is at risk of attempting suicide Williams v The Bermuda Hospitals Board (2016) where the judicial committee of the Privy Council considered the "material contribution to damage" test of causation in a clinical negligence action A series of cases dealing with the principles of vicarious liability: Various Claimants v Institute of the Brothers of the Christian Schools (2012); Mohamud v Wm Morrison Supermarkets Ltd (2016); Cox v Ministry of Justice (2016); and Armes v Nottinghamshire CC (2017) Woodland v Swimming Teachers Association (2013) and Armes v Nottinghamshire CC (2017) on an employer's liability in respect of non-delegable duties A series of cases dealing with the manner in which the Fairchild principle of causation should be applied: Sienkiewicz v Greif (UK) Ltd (2011); Durham v BAI (Run Off) Ltd (2012); and International Energy Group Ltd v Zurich Insurance Plc UK (2015) (holding that the common law rule for apportioning liability based on a defendant's contribution to the risk of developing mesothelioma established in Barker v Corus is still good law) Gray v Thames Trains Ltd (2009) and Patel v Mirza (2016) on the correct test for the illegality defence AB v Ministry of Defence (2012) on the claimant's "date of knowledge" for the purposes of the Limitation Act 1980 Court of Appeal: Farraj v King's Healthcare NHS Trust (2009) on the potential liability of a hospital for the work of an independent laboratory in analysing tissue samples and providing a diagnosis On liability for psychiatric harm to the relatives of a patient injured by medical negligence: Liverpool Women's Hospital NHS Foundation Trust v Ronayne (2015) Darnley v Croydon Health Services NHS Trust (2017) on the responsibility of a receptionist in an A&E department who gives incorrect information about waiting times FB v Rana (2017) on the duty of a senior house officer in an A&E department to take an adequate history (a basic skill which all hospital doctors are expected to possess) Webster v Burton Hospitals NHS Foundation Trust (2017) on the doctor's duty, where there are two treatment options, to discuss the options and risks with the patient
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