Principles of Medical Law

This book, written by the leading practitioners and academics in the field, is rapidly becoming recognized as the authoritative first point of reference for all medical law practitioners. Replete with references to primary sources and the secondary literature, this major undertaking provides a comprehensive exposition of English medical law, from the organisation of health care to the legal meaning of death. The book has been designed with the needs of the practitioner in mind while retaining a depth of analysis that will also find favour with an academic audience. The internal layout of the book has been specifically designed for ease of access, and it will be kept thoroughly up-to-date by way of annual cumulative supplements compiled by the General Editors. The supplement brings the main work fully up to date to August 2001 and is included in the purchase price. Contents of the Fourth Supplement include, on the legislative front: the Health and Social Care Act 2001, introducing a range of changes to the structure of the NHS as well as to GP disciplinary procedures and the law of confidentiality; the Care Standards Act 2000, introducing a regulatory framework for private hospitals and clinics; and the Freedom of Information Act 2000, affecting on access to information within the NHS. Important cases covered include: those that have considered the effect of the House of Lords' decision in McFarlane v Tayside Health Board on damages claims by parents for the birth of healthy (Greenfield v Flather) and disabled children (Parkinson v St James and Seacroft University Hospital NHS Trust, Lee v Taunton and Somerset NHS Trust, and Hardman v Amin); also, important cases on the scope of employers' disciplinary procedures within the NHS (Saeed v The Royal Wolverhampton Hospitals NHS Trust), the GMC's disciplinary procedures (R v GMC, ex p Richards and Selverathan v GMC) and the first case concerned with the GMC's professional performance procedure under the Medical (Professional Performance) Act 1995 (Krippendorf v GMC). The Court of Appeal's decision in the 'conjoined twins case' is analysed (Re A). A number of cases which have explored the impact of the Human Rights Act are considered, involving withdrawal of treatment from PVS patients (NHS Trust A v M; NHS Trust B v H) and a prisoner's right of access to infertility treatment (R v Secretary of State for the Home Dept, ex p Mellor).Table of ContentPART I: THE HEALTH CARE SYSTEM; 1. The Organisation of Health Care; 2. The Health Care Professions; PART II: CONSENT TO TREATMENT; 3. Consent to Treatment: The Competent Patient; 4. Consent to Treatment: Children and the Incompetent Patient; PART III: MEDICAL NEGLIGENCE; 5. Duties in Contract and Tort; 6. Breach of Duty; 7. Causation and Defences; 8. Institutional Liability; PART IV: SPECIFIC ISSUES; 9. Confidentiality and Medical Records; 10. Medically Assisted Reproduction; 11. Abortion; 12. Actions Arising from Birth; 13. Research and Experimentation; 14. Products Liability; 15. Donation and Transplantation of Organs and Tissues; 16. Ending Life; 17. Death