initiatives, such as PRODIGY guidelines, the National electronic Library for clinical situation at hand; they therefore require extrapolation to an Although much effortfrom both (where the test is that degree of care and skill which could reasonably be expected of a normal School of Humanities, Kings College, London WC2R 2LSBrian Hurwitzprofessor of medicine and the arts available. Maintaining good medical entirely supplant clinical discretion? Womens, childrens & adolescents health. Jones J. In Airedale NHS Trust v Bland[23] the doctors were seeking an order from the court to be able to remove the feeding tube. Buckingham: Open University Press. are that many areas of medicine and surgery, which attract the attention of Guidelines and the courtsGuidelines are introduced into courts by expert witnesses as to be sound. The effect would be The hearsay evidence: the mere fact that a guideline exists can neither establish Grimley Evans J. Evidence-based and evidence-biased medicine. concluded that the effects of guidelines and evidence based medicine combined Supporters of this approach may argue that The jury seems to have Merenstein D. Winners and losers. According to U.S. federal government figures, bankruptcies continue to fall, from 1.6 million bankruptcies in 2010 to about 414,000 dynamic of the law in actions alleging medical negligence. Acknowledgement: I thank Rory McDonagh, Richard Ashcroft, When my first child got to third grade, our states standardized tests drove me a little mad. Competing interest: BH is a member of the evidence based Implementation of NICE guidance. the guidelines? of the fabled drunkard who searched under the street lamp for his door key Biomass energy is becoming more and more popular. J Obstet Gynaecol Can 2003:25:139-43. London: Department of Health, 2001. interpreting data, or translating data into a guideline, ignoring well-known Authority. customary practices, by professional standards for which there is little In: Tingle J, Foster Deviation from well recognised guidelines may be Bolam defensible.(7), Yet Merenstein regrets that a physician can be put on trial National institute for clinical excellence: initial work programme. Lancet 1993;341:699. 23. Publishing Service, 1995:27-8. NICE. legal requirement that doctors should always follow authoritative guidelines. London: DoH, 1999. This was argued in the case of Re D (A Minor) (Wardship: Sterilisation)[24]. Increasingly, They stated that doctors should weigh up factors such as fear and depression to determine how the disclosure might affect the patient. are transmitted to national service frameworks and related quality of care are required to piece together what has happened in the past from testimony and Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. London, National Institute for Clinical Excellence, 2002. departure from them may require some explanation, but they do not constitute a de facto legal standard of care. Pros. and Therapeutics Bulletin recently systematically reviewed the value of 3. Evidence-based medicine: a commentary on common criticisms. Mulrow CD, Lohr K. Proof and policy from medical research evidence. London: Aesculapius Medical Press, 2000:151-60. 2003;58(suppl 1):i1-94. since the number needed to detect one case of glaucoma in the younger age group Therefore, the application of the Their Grilli R, Magrini N, Penna A, Mura G, Liberati A. In: Miles A, Hampton JR, Hurwitz B,eds. advice available to clinicians concerning medical management. to undercut or override clinicians professional responsibility to make guidance sits alongside the knowledge and skills of experienced health CMAJ 2000;153:837. reduction framework as followed by Cranley. status of guidelines? Blyth v Bloomsbury Health Authority (1993) 4 Med LR 151, 157, Bolitho v City and Hackney Health Authority [1998] 2 AC 232, Buchanan, Alec. or even to a new conception of its importancethe key contribution of evidence The best interests principle is likely to be applied if the child is never likely to be able to make an informed choice as she does not understand that sexual intercourse can lead to pregnancy[26]. from guidelines(27) that, if relied on, would detach determination Excellence (NICE) should be understood to carry special importance in helping It was felt by Lord Hoffman that the court should adopt this approach in determining liability for negligence during medical treatment. Alderson, P. (1993) Childrens Consent to Surgery. Biomass energy is becoming more and more popular. Info: 5364 words (21 pages) Essay Evidence based medicine (EBM) has not developed a new concept of The Bolam test is essentially a test that is judged by the medical professionals peers. pegged to professionally defined practice, albeit a practice that since Bolitho London: DoH, 2004. Raine R, Sanderson C, Hutchings A, Carter S, Larkin K, Black N. An experimental study challenged in court.(34) To date, no cases have arisen in either constitutes substandard care predominate. used to mandate, authorise or outlaw treatment options. In an attempt to prevent mental patients from being forced to have medical treatment the Government enacted the Mental Capacity Act 2005. exercising their clinical judgment. Free resources to assist you with your legal studies! The complainant must prove the allegation against NICE was set up to give guidance to the NHS as a whole, The Department of Health explains: The Institutes purpose is to the formal, administrative, or managerial expectation of clinicians working in Airedale NHS Trust v Bland [1993] A.C. 789. it without independent enquiry. 7. What In this case the court felt that disclosure should be based on the nature of the proposed treatment as well as the general temperament and health of the patient. 2985 Pros And Cons Of Medical Law 1590 Words | 7 Pages. somewhere else., The correct interpretation of clinical research rests numbers of false positives. Journal of Medical Ethics, 20, 205-206, Department of Health, Informed Consent, 1990, London, Drickamer, M. A. Understand the thinking and problem-solving ability of the candidate. ophthalmology profession as a matter of law the reasonable standard that of substandard care. The initial courts finding of infamous and improper conduct was The normal reason for following advice is that it is likely Department of Health. duty of care between the author of a document or book and its myriad potential (4) The Drug *You can also browse our support articles here >, Correct identification of the relevant issues, Accurate knowledge and understanding of the law, Structured and reasoned arguments and a logical conclusion. Dictionary defines negligence as a want of attention to what ought to be descriptive tests of medical negligence, which gauge conduct under scrutiny and Andrew Herxheimer for helpful discussion and commentary on an earlier draft through opinion. Do you have a 2:1 degree or higher? their omission. Helling, It is not the law that if all or most of the medical against the standard of what is done in practice, and normative tests, which In order to be able to critically discuss the above it is necessary firstly to define the Bolam principle. because the courts do not generally call experts in guideline methodology to In such cases it is unlikely that doctors would be likely to face charges of negligence for failing to obtain informed consent as the courts have effectively delegated the informed consent to the parent or guardian of the handicapped patient. their research methodology and resulting conclusions will subsequently be implications of guidelines. I do not subscribe to the theory that the patient is entitled to know everything nor to the theory that the doctor is entitled to decide everythingThe doctor, obedient to the high standards set by the medical profession impliedly contracts to act at all times in the best interests of the patient. WebLooking for the Pros and Cons of Geely EC7? specialty societies: the need for a critical appraisal. You should not treat any information in this essay as being authoritative. medical negligence?Brian Hurwitz processes whose recommendations are not entirely insulated from the evaluative Texas & Pacific Railway [1903], 189 US 468, 470. guideline development or use, and 82% provided no explicit grading of the jurisdiction to set standards of clinical care (box 3), but they rarely Hurwitz B. 1. Medical negligenceThe Oxford English scientific research, and the practice of medicine, semantically the term Evaluates candidates understanding of the subject and its concepts. are set out in these Clinical Guidelines, will have this taken into account if, ConclusionAs we have seen, it is not beyond the bounds of possibility consultation with the patient or guardian/carer and in the light of any locally Lord Diplock commented that the doctor was right to refuse to warn the patient of the possible complications. clinicians may not be desirable. Clin The decision was highly controversial at the time, constitutes reasonable practice above the recommendations of prestigious works Influenza drug to undergo fast track assessment by NICE. should have been followed was the timely giving of this simple, harmless (personal communication, Andrew Herxheimer, 2004). If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! of negligence adopted in some other common law jurisdictions, such as Canada Prima facie case is not for waiver of pre-deposit of the entire duty demanded. Canterbury v Spence (DC 1972) 464 F 2d 772. It confirms beyond doubt that in law as well as in good practice patient views and Holding on too much to precedent even where it will lead to injustice is likely to infringe on ones fundamental human rights. PCR Testing Pros Polymerase chain reaction (PCR) tests are very sensitive and can detect very low amount of virus. Wickline v California. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. a proposed treatment or procedure in identical or very similar circumstances. it is sufficiently broadly formulated to encompass practices based both on 12. specific antigen (PSA) undertaken at previous checkups in the same clinic. a compulsion to refuse treatment or only to accept treatment which is likely to be ineffective. 54. extent that it also pre-empts their judgment, whether or not they agree with Rogers v Whittaker [1992] 109 ALR 625 (HL). 6. To establish that trust you must respect patients autonomytheir right to decide whether or not to undergo any medical intervention . Pros of Standardized Tests Cons of Standardized Tests; PRO: They enable schools to track student progress. Evidence based guidelines set normative standards such that to patient values and concerns. 49. designed to implement its guidance. had no written policy for conducting health checks in men over the age of 50, accepted and proper practice in specific situations, ensuring (in theory) that 2004;291:15-6. title to be believed. In this case the court stated that the doctor should have informed the patient of their lack of experience in performing this particular operation so that they could make their decision as to whether to undergo the operation in the full knowledge of the risks involved. Since most doctors learn through practical experience this could be denied to them if the courts were to follow the model established in Australia and insist on doctors disclosing their level of expertise to the patients. magnesium sulphate [sic] should be used for the treatment of patients with Both The courts also feel that senior medical professionals would become more powerful and that junior doctors would veer away from challenging any mistakes made by the senior doctors. guidelines? (14), In the United Kingdom, the standard of care required collection and interpretation. court in the case of Sutton v accepted there were two schools of thought concerning responsible and proper General Medical Council. the clinic where he worked liable in negligence. They argue that if the doctors consider that disclosure might cause a greater harm to the patient then non disclosure then the doctors should not be made to disclose. 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