Saner, John. Basic Law for Doctors - Lexisnexis, 2024
 
ISBN: 9781776179411
 
Publisher's description:
"A must-have guide for medical professionals seeking to avoid medical negligence lawsuits by adjusting how they practice to conform with what the law requires. Tap into the wellspring of 25 years of exceptional medico-legal experience. Authored by the esteemed John Saner, renowned for his previous work Medical Malpractice in South Africa, this practical guide is an essential resource in an era of escalating litigation and growing legal challenges. It aims to empower doctors with invaluable knowledge about the laws that govern their practice and offers practical advice on how to navigate the legal landscape and mitigate the risk of medical negligence lawsuits. From understanding the reasonable doctor standard to discussing the duty to disclose a diagnosis, informed consent and maintaining patient records, and much more, this publication covers a wide range of crucial topics. Providing valuable insights on avoiding legal claims and defending themselves in the face of unexpected legal challenges, written in language that busy medical professionals can easily consume, this is an indispensable instrument in any practice."
 
Content:
1 - The ‘reasonable doctor’ standard
2 - Standards in practice
3 - The qualities of the reasonable doctor
4 - Factors relevant in assessing reasonableness
5 - Unlawfulness (wrongfulness)
6 - Errors of judgement are not necessarily negligent
7 - Lack of skill
8 - Lack of skill in an emergency situation
9 - Lack of experience – the novice doctor
10 - Misdiagnosis
11 - Failure to refer
12 - Failure to follow up and provide post-treatment care
13 - The duty to disclose a diagnosis
14 - Departure from accepted treatments
15 - The legal liability of the Good Samaritan doctor
16 - What is consent and why is it necessary?
17 - Disclosures necessary to obtain consent
18 - What happens when informed consent is not obtained?
19 - Consent must be voluntary
20 - A patient’s right to refuse treatment and withdraw consent
21 - Withdrawal of consent
22 - Communicating information for consent
23 - Consent may be express or implied
24 - Capacity to consent
25 - Consent: termination of pregnancy, and sterilisation
26 - Consent to medical treatment: minors
27 - Consent: mentally ill persons
28 - Consent and medical research
29 - When consent may not be required: unauthorised administration
30 - When consent may not be required: unauthorised administration
31 - Therapeutic privilege
32 - Risk to public health
33 - A court order may override lack of informed consent
34 - Consent: deviations or extensions of medical interventions
35 - The importance of patient records in medical negligence litigation
36 - Patient records
37 - The content and purpose of patient records
38 - Privacy and confidentiality of patient information
39 - Lack of competence to give consent to disclosure
40 - Disclosure of patient information in connection with judicial and other statutory proceedings
41 - Access to medical documents and records in medico-legal litigation
42 - The structure of the medical profession
43 - Registration as a prerequisite for practising in the medical profession
44 - Fees
45 - Unprofessional conduct: discipline in the profession
46 - Ethics
47 - Discipline in the medical profession
48 - So, you want to be a medical expert witness?