Clinical Negligence by Malcolm Khan

By Malcolm Khan

This ebook contains a complete research of the important and procedural facets of a medical negligence declare; remark and research of the legislation in different jurisdictions,notably Australia, Canada and america; a consultant to the correct statutes and statutory tools, expert rules, Codes of perform and Civil strategy ideas; updated kinds and precedents including functional recommendation. each one bankruptcy is split into effortless to learn ideas by way of unique remark, case legislation research and counsel as to the suitable statutes and statutory tools in addition to different correct fabric. This e-book presents an authoritative textual content on medical negligence for either criminal and clinical practitioners in addition to the postgraduate scholar of clinical legislations.

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12 Chapter 1: Medical Confidentiality • • • While it may be possible to prove the doctor has made an error in breaching the patient’s confidence, one should always stress to the patient that the damage has been done and an action which may drag the whole matter up again, perhaps even bring it to the attention of the media, should not be undertaken lightly. The claimant may have a claim in defamation in addition to a breach of confidence claim. However, such a claim is likely to be a rare occurrence for a number of reasons.

Only where the health carer exercises some degree of control over the patient might a duty be imposed (see Holgate v Lancashire Board [1937] 4 All ER 19 and Home Office v Dorset Yacht Club Ltd [1970] AC 1004). In certain states of the United States a different approach is evident. In Tarasoffv Regents of the University of California (1976) 551 P (2d) 334, a medical centre was found liable to a third party in negligence for failing to disclose information to the third party. There the Supreme Court of California held a psychiatrist liable for the actions of his student patient who murdered his girlfriend in a case of unrequited love.

Injunctions restricting the information which the media could publish during their detention were coming to an end as V and T approached their 18th birthdays. V and T were now seeking injunctions against specific newspaper publishers and against the whole world which would indefinitely restrain publication of any information about them. Granting the injunctions, Dame Elizabeth Butler-Sloss said at p 1054: The onus of proving the case that freedom of expression must be restricted is firmly upon the applicant seeking the relief.

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