Clinical Practice and the Law

In a professional context where, more than ever before, the daily work of clinicians is subjected to intense scrutiny, this essential guide to medicine and the law addresses the fundamentals of how the law, lawyers and the legal system affect clinical practice. Medicine and the law are intricately linked through statutes, regulations and the common law. Yet, very few clinicians have more than a fuzzy understanding of the law and understand even less about how lawyers will approach medical matters when it is alleged that treatment has fallen short of what is reasonably to be expected of treating clinicians. The text explores: the common law principles that provide the context for clinical practice the importance of high-quality medical communication skills the need for explanatory medical notes and records the differences between evidence of fact and expert evidence essential legal knowledge in key-areas of clinical practice, including: patient confidentiality consenting patients mental capacity emergency detention of patients police investigations and the treatment of prisoners whistle-blowing and the duty of candour investigating incidents producing investigation reports and witness statements attending inquests fitness to practise proceedings criminal proceedings and civil claims for damages. Clinicians who integrate the basic legal principles explored in the text into their practice will not only develop a more robust approach to clinical practice, but are also likely to become better clinicians in the process. Giles Eyre is a barrister (now retired) who has spent a career working with clinicians in the context of litigation and other disputes and brings to this book not only his knowledge of the law but also of the practicalities of a clinician's work at its interface with the law. "It is Giles Eyre's direct experience in the practice of these areas of the law, and his gift for clear and uncomplicated exposition, which makes this book so useful. It vitally fills a gap for clinicians. Those in established clinical practice would do well to consult it as a matter of course, and it deserves to become a basis for study for those in training." James Badenoch Q.C. "This introductory guide provides information of importance for those anxious about the boundaries between medical practice and the law, and who wish to equip themselves better for a career in medicine." Dr M E J Wise MSc FRCPsych IDFAPA