Download Legal Issues for the Medical Practitioner by David Wong PDF
By David Wong
A convenient source of universal medico-legal subject matters in daily clinical perform for college kids and practitioners, threat administration body of workers, health and wellbeing care directors, nurses, paramedics and attorneys within the box; supplying a brief connection with the fundamental felony wisdom for secure perform in addition to a first-line connection with extra in-depth research.
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In former times in western societies, an adult person often accompanied a young unmarried man or woman on social occasions in order to prevent inappropriate social or sexual interactions or illegal behaviour. This person was usually answerable to the parents of the accompanied. ‘Chaperone’ is derived figuratively from the French word ‘chaperon’, meaning ‘hood’, using the analogy of a hood covering a bird’s head so that it looses its desire to fly away. The word is thus borrowed in medical practice to refer to a third party to the doctor and the patient who acts as the neutral person eye witness in interactions between the doctor and patient, traditionally during examinations involving a male doctor and a female patient.
What, then, if there are differences of opinion as to what is the best practice? This issue was addressed in 1957 in the English decision in Bolam v Friern Barnet Hospital Management Committee. The court said that a doctor would not be negligent if he had acted in accordance with ‘a practice accepted as proper by a responsible body of medical men skilled in that particular art’. Therefore, on this judgment, quite simply if you can get someone authoritative to stand up in court to speak for you indicating that his view concurs with yours, the plaintiff would have a difficult time to prove that you are negligent.
Singapore Medical Association News. July 2001; 33(7): 4-5. 2. Diana Kloss. The duty of care: medical negligence. Brit Med J 1984; 289: 66-68. 3. Donoghue v Stevenson (1932) AC 562. 4. X Minors v Bedfordshire County Council (1995) 3 WLR 152. 5. R v Bateman (1927) 19 Cr App R 8. 6. Goode v Nash (1979) 21 SASR 419. 21 4 What standard of care do doctors owe patients? An awareness of the standard duty of care owed by doctors to patients is relevant because that is what the court uses as the gauge to measure whether we are discharging our duties properly.