Description
Book SynopsisDespite 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.
Trade Review‘An essential guide to assessing the systemic failures that put patient safety and well-being at risk, the Research Handbook on Patient Safety and the Law
explores the challenges to improved patient care using multi-disciplinary and international perspectives. The book provides an in-depth exploration of the legal, ethical, and policy issues at work and offers pragmatic responses to the complex array of factors that endanger patients.’ -- Barbara A. Reich, Professor of Law, Western New England University School of Law, US
‘“First do no harm”, we're told. But in the legal literature patient safety is very far from the first consideration. This fascinating and comprehensive Research Handbook redresses the imbalance. Essential reading for everyone concerned with medical law, ethics and governance.’ -- Charles Foster, University of Oxford, UK
Table of ContentsContents: 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