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Clinical Guidelines and the Law of Medical Negligence: Multidisciplinary and International Perspectives

Edited by: Jo Samanta, Ash Samanta

ISBN13: 9781789908886
Published: October 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £120.00

This book critically considers the dynamic relationship between clinical guidelines and medical negligence litigation, arguing that a balance must be struck between blinkered reliance on guidelines and casual disregard. It explores connections between academic law and professional practice, bringing together an array of perspectives which reveal that although guidelines may not be dispositive, they nonetheless play an important role in medical negligence law.

The chapters provide compelling insights from academics, lawyers, barristers, doctors and healthcare professionals into the use of guidelines in determining the legal standard for breach of duty, thereby contributing to a holistic understanding of guideline usage in this area of law. Sociological considerations along with empirical findings are used to underpin these concepts. While focusing on the UK, contributors draw upon international law including that from the United States, South Africa, the Netherlands and other countries. Based on this analysis the conclusion offers a theoretical framework for practical application illustrated by a case-based discourse.

This book makes a significant contribution to the knowledge base in the subject area. It is an essential read for legal academics and lawyers working in medical and health law, as well as for doctors and other healthcare professionals. It will be a key reference point for medical regulators, health organisation policymakers and clinical governance teams.

Professional Negligence, Medical Law and Bioethics
Foreword x
Preface xii
Introduction: clinical guidelines and the law of medical negligence 1
Ash Samanta and Jo Samanta
1. The early usage of clinical guidelines in medical negligence litigation: an Anglo-American perspective 12
Ash Samanta and Jo Samanta
2. Reliance on clinical guidelines in contemporary negligence litigation in the UK: influential or determinative? 52
Rob Heywood
3. Medical guidelines in South African courts: exploring their role in medical negligence matters 80
Camilla Pickles
4. Fitness to practice tribunals in the UK and the Netherlands: the construction of (para)medical competence and the use of evidence-based guidelines 112
Friso Johannes Jansen
5. The interface between clinical guidelines and health care ethics 143
Marwan Habiba
6. A barrister’s experience of the use of clinical guidelines in clinical negligence litigation 175
Pritesh Rathod
7. The role of guidelines and protocols in clinical negligence litigation: a solicitor’s viewpoint 199
Laurence Vick
8. Evidence-based medicine, clinical guidelines, trustworthiness and safe care in anaesthetics 228
Rebecca Parrott and Debashish Dutta
9. Clinical guidelines in trauma and orthopaedic surgery 252
Simon Britten
10. A global perspective of the use of clinical guidelines in medical negligence litigation 281
Jo Samanta and Ash Samanta
Conclusion: clinical guidelines and the law of medical negligence 322
Ash Samanta and Jo Samanta