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Research Handbook on Patient Safety and the Law

Edited by: John Tingle, Caterina Milo, Gladys Msiska, Ross Millar

ISBN13: 9781802207057
Published: December 2023
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £200.00



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Despite recurring efforts, a gap exists across a variety of contexts between the protection of patients’ safety in theory and in practice. This timely Research Handbook highlights these critical issues and suggests both legal and policy changes are necessary to better protect patients’ safety.

Multidisciplinary in nature, this Research Handbook features contributions from eminent academics, policy makers and medical practitioners from the Global North and South, discussing the essential facets concerning patient safety and the law. It highlights how the role of legislation and case law has the potential to influence, both positively and negatively, medical practice and the quality of care. Chapters explore patient safety and the global health agenda; physiotherapy; ‘non-therapeutic’ clinical research with children; patient safety awareness in healthcare education; and the increasing use of robotics and artificial intelligence in healthcare.

Outlining a wide range of international perspectives on patient safety and the law, this Research Handbook will appeal to academics and researchers specialising in health and medical law, human rights and healthcare regulation. It will also serve as a valuable resource for legal and medical practitioners alike, as well as clinicians and professionals working in healthcare governance.

Subjects:
Medical Law and Bioethics
Contents:
1. Patient safety and the law: an introduction 1
John Tingle, Caterina Milo, Gladys Msiska, and Ross Millar
2. The need for more conceptual underpinning in NHS patient safety and clinical negligence policy development 10
John Tingle
3. The law and ethics of informed consent after Montgomery and the safeguard of patients’ safety 22
Caterina Milo
4. ‘Non-therapeutic’ clinical research with children: responsibility in the balance? 37
Amber Dar
5. Balancing on a knife edge: patient safety and autonomy in the psychiatric context 56
Mollie E. L. Cornell
6. The role of tort law in protecting patient safety and autonomy in Australia 74
Barbara McDonald
7. Healthcare in conflict: legally protected, physically at risk 90
Emma J. Breeze
8. Does legalising abortion reduce deaths from unsafe abortion? Experiences in sub-Saharan Africa 108
Calum Miller
9. Physiotherapy in the UK: the second victim in a perfect storm? 125
Sue Greenhalgh, James Selfe, Laura Finucane, and Gillian Yeowell
10. Patient safety at the end of life: the role and limits of the law in England and Wales 141
Adam McCann
11. The ‘patient-friendly’ medical injury liability rules in Germany: implications for patient safety? 165
Marc Stauch
12. Patient safety in Germany 177
Dagmar Luettel, Victoria Klemm, and Reinhard Strametz
13. Patient safety, global governance, and the right to health in integrated primary health care 193
Jonathan Gorry, Linda Gibson, Denis Joseph Bukenya, Pauline Odeyemi, and Michael Obeng Brown
14. Patient safety and the global health agenda 206
Paulo Sousa, Ana Catarina Rodrigues, and José Pedro Teixeira
15. Patient safety in Uruguay 221
Homero Bagnulo, Alejandro Castello, and Carlos Vivas
16. Pregnancy and childbirth risks: clinical and legal perspectives 237
Pedro Melo, Abdea Coomarasamy, and Arri Coomarasamy
17. Patient safety challenges and practical ethical legal issues in low- and middle-income countries 257
Gladys Msiska, Evelyn Chilemba, Martha Kamanga, Chisomo Mulenga, Annie Namathanga, Patrick Mapulanga, and Abigail Kazembe
18. Child safety in developing countries 278
Felistas Chiundira and Pempho Katanga
19. Patient safety consciousness in healthcare education 297
Gladys Msiska, Gervasio Nyaka, Wanangwa Chikazinga, and Patricia Katowa-Mukwato
20. Developing patient safety standards 314
Helen Hughes
21. Dr Robot: robotics and AI in healthcare 336
Angela Eggleton
22. Patient safety and the law: a thematic review and assessment of future options 369
Ross Millar
Index 377