Additional Information
Book Details
Abstract
The definitive medico-legal reference for medical students and practitioners in Australia
Essentials of Law for Medical Practitioners is a timely and authoritative reference focused on the requirements of medical students and practitioners.
This easy-to-read medico-legal text assumes no prior legal practice knowledge or experience, making it ideal for those new to the medical industry.
The content addresses matters relating to all Australian jurisdictions. It also provides a brief overview of the law in several practice areas, allowing practitioners to locate key information quickly.
Topical issues discussed in Essentials of Law for Medical Practitioners include privacy and confidentiality of patient information, medical negligence, fertility and reproductive technology, the laws regarding mental health issues and professional regulation and discipline.
• directed at current medical education• includes learning objectives and key questions for each chapter
• applies knowledge to a clinical context and focuses on the application of clinical cases and legislation to practical situations
• assumes no prior legal knowledge
• identifies medico-legal issues for further discussion
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Front Cover\r | Cover | ||
| ESSENTIALS OF LAW FOR MEDICAL PRACTITIONERS | iii | ||
| Copyright\r | iv | ||
| CONTENTS | v | ||
| FOREWORD | vi | ||
| PREFACE | viii | ||
| ACKNOWLEDGMENTS | x | ||
| REVIEWERS | x | ||
| Chapter 1 - Introduction to law | 1 | ||
| Introduction | 1 | ||
| Where does the law come from? | 2 | ||
| Regulations | 7 | ||
| The court hierarchy | 10 | ||
| The doctrine of precedent (stare decisis) | 15 | ||
| General features of the Australian legal system | 21 | ||
| Endnotes | 25 | ||
| Chapter 2 - Safety and quality in health | 27 | ||
| Introduction | 27 | ||
| Adverse patient outcomes | 28 | ||
| National approach to quality and safety | 28 | ||
| State and territory complaints mechanisms | 32 | ||
| Human and patient rights | 45 | ||
| Endnotes | 47 | ||
| Chapter 3 - Documentation | 49 | ||
| Introduction | 49 | ||
| Effective documentation | 50 | ||
| Computerised records | 57 | ||
| Storage, retention and disposal of medical records | 59 | ||
| Endnotes | 62 | ||
| Chapter 4 - Privacy and confidentiality of patient information | 65 | ||
| Introduction | 65 | ||
| The obligation to keep information confidential | 66 | ||
| Privacy law | 74 | ||
| Access to patient and client information | 77 | ||
| Endnotes | 81 | ||
| Chapter 5 - Negligence | 85 | ||
| Introduction | 85 | ||
| Negligence | 86 | ||
| Elements of a negligence action | 88 | ||
| Duty to third parties | 91 | ||
| Determination of a standard of care for professionals | 101 | ||
| Apologies | 123 | ||
| Defences to an action in negligence | 124 | ||
| Vicarious liability | 127 | ||
| Non-delegable duty of care | 130 | ||
| Alternative actions | 131 | ||
| Endnotes | 135 | ||
| Chapter 6 - Consent | 143 | ||
| Trespass to the person | 143 | ||
| Types of consent | 147 | ||
| Consent forms | 149 | ||
| Elements of a valid consent | 149 | ||
| Children | 159 | ||
| Emergencies | 164 | ||
| Refusal to consent | 167 | ||
| Consent by relatives | 167 | ||
| Obtaining consent | 167 | ||
| Consent to research | 168 | ||
| False imprisonment | 169 | ||
| Endnotes | 172 | ||
| Chapter 7 - End of life decisions | 177 | ||
| Introduction | 177 | ||
| The common law | 178 | ||
| Advance care directives | 180 | ||
| Competent adults — legislative mechanisms | 180 | ||
| Patients’ autonomy respected with the exception of unlawful treatment | 188 | ||
| Incompetent adults — guardianship laws | 189 | ||
| Distinguishing suicide and euthanasia with refusal of treatment and end of life decisions | 193 | ||
| Not for resuscitation orders | 194 | ||
| Endnotes | 198 | ||
| Chapter 8 - Fertility and reproductive technology | 201 | ||
| Introduction | 201 | ||
| Abortion | 202 | ||
| Reproductive technology | 209 | ||
| Endnotes | 213 | ||
| Chapter 9 - Drugs and poisons | 217 | ||
| Introduction | 217 | ||
| Federal influence and regulation | 217 | ||
| Pharmaceutical Benefits Scheme (PBS) | 221 | ||
| State and territory regulation | 221 | ||
| Relevance of the common law | 228 | ||
| Complimentary and alternative medicines (CAM) | 228 | ||
| Medical practitioners and the pharmaceutical industry | 229 | ||
| Endnotes | 231 | ||
| Chapter 10 - Mental health | 233 | ||
| Introduction | 233 | ||
| A national approach | 234 | ||
| What is mental illness? | 235 | ||
| Prescribed treatments | 241 | ||
| Statutory safeguards | 242 | ||
| Patient consent | 243 | ||
| Mental health review boards or tribunals | 245 | ||
| Duty and standards of care owed to mentally ill persons | 245 | ||
| Endnotes | 249 | ||
| Chapter 11 - Professional regulation and discipline | 251 | ||
| Introduction | 251 | ||
| Background to national registration | 252 | ||
| Structure and function of the national scheme | 254 | ||
| Disciplinary issues | 264 | ||
| Endnotes | 274 | ||
| Chapter 12 - Research | 279 | ||
| Introduction | 279 | ||
| What is research? | 280 | ||
| Legislation | 281 | ||
| Clinical trials | 284 | ||
| Endnotes | 290 | ||
| Appendix 1 - Answers to review scenarios and activities | 293 | ||
| Chapter 1 | 293 | ||
| Chapter 3 | 293 | ||
| Chapter 4 | 294 | ||
| Chapter 5 | 294 | ||
| Chapter 6 | 297 | ||
| Chapter 7 | 298 | ||
| Chapter 8 | 299 | ||
| Chapter 10 | 300 | ||
| Chapter 11 | 300 | ||
| Appendices | 301 | ||
| Table of cases | 302 | ||
| Table of statutes | 306 | ||
| Guardianship & Administration\r | 320 | ||
| Glossary\r | 322 | ||
| Index | 325 |