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Medical Negligence: Non-Patient and Third Party Claims Rachael Mulheron

Medical Negligence: Non-Patient and Third Party Claims By Rachael Mulheron

Medical Negligence: Non-Patient and Third Party Claims by Rachael Mulheron


$36.99
Condition - Very Good
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Summary

Healthcare professionals face an increasing threat of litigation from parties whom they have never met in their daily medical practice and who look nothing like the traditional patient. This book explores the legal principles and conundrums which arise when determining a healthcare professional's liability in negligence towards a wide variety of non-patients.

Medical Negligence: Non-Patient and Third Party Claims Summary

Medical Negligence: Non-Patient and Third Party Claims by Rachael Mulheron

Healthcare professionals face an increasing threat of litigation from parties whom they have never met in their daily medical practice and who look nothing like the traditional patient. The so-called 'non-patient' may take many formsfor example, a person who is injured or killed by a mentally-ill, physically-disabled or diseased patient; a wrongfully-accused parent in a child neglect/abuse case; or a local authority which is put to the expense of caring for a negligently-treated patient. This book explores the legal principles and conundrums which arise when determining a healthcare professional's liability in negligence towards a wide variety of non-patients. The topic is assuming increasing legal importance and relevance, given the potential for many non-patient claims to give rise to class actions litigation, and in light of the legislative and human rights interventions, and the frequent appellate judicial consideration, which non-patient claims have attracted in recent times. The aim of the book is to have utility for both legal and medical professionals; for academics and students of comparative medical negligence and tort law; and for law reformers who may be interested in adopting certain features of statutory models elsewhere which pertain to some non-patient claims, such as those based upon 'Good Samaritan' conduct. Important parallels or counterpoints from other common law jurisdictions, in which courts and commentators have grappled with the legal complexities of non-patient claims, are also discussed and critically analyzed.

Medical Negligence: Non-Patient and Third Party Claims Reviews

'A book that explores these unusual aspects of health care liability is very welcome. Its style and organization is matched by its erudition. In dealing with an area of growing importance, the book provides a very useful addition to the medical law library.' Richard Lewis, Cardiff University, UK 'Professor Mulheron's path-breaking book addresses what is set to become an important dimension to professional liability. Approaching the subject with characteristic innovation and thoroughness, she has written what will become a standard reference work for both practicing and academic lawyers. Professor Mulheron brings her extensive knowledge of common law developments to bear so the book will be of use across jurisdictions. Her insights will make the book of value not only to those interested in medical and professional liability law but to all who wish to know where the law of civil wrongs is heading.' The Honourable Mr Justice Cranston FBA, Judge of the High Court, Queens Bench Division '... an unusual book... [which] builds upon the author's well-known comparative research interest in common law legal systems... The book deals systematically with the possible range of non-patients who may have suffered by reason of the acts and omissions of healthcare professionals. The author enumerates with great rigour the range of potential duty situations and the types of injury that may be sustained. Her comparative interest in decisions of other common law courts is vindicated in the wealth of decisions (from supreme courts to small claims courts) which inform the argument. ... An attractive feature of the book is the detailed dissection and tabulation of the competing policy arguments deployed in favour and against the existence of a duty: even if public policy is still an unruly horse, the reasons informing the unruliness are laid bare. ... recommended to HCPs, lawyers and those interested in comparative studies of the common law in the medical field.' Modern Law Review '

About Rachael Mulheron

Rachael Mulheron is Professor of Law at Queen Mary University of London. A former practising lawyer in Brisbane, Australia, she is also author of The Class Action in Common Law Legal Systems: A Comparative Perspective (Hart Publishing, Oxford, 2004), and The Modern Cy-pres Doctrine: Applications and Implications (Routledge Cavendish Publishing, London, 2006).

Table of Contents

Contents: Preface; Part I Setting the Context: The book: an overview; Establishing negligence in novel non-patient scenarios. Part II Actual or Potential Negligence Liability for Physical Injuries to Non-Patients: Injuries to non-patients caused by physically-impaired or mentally-ill patients; Contraction or inheritance of disease by non-patients from patients; 'Bad Samaritan' liability: failing to assist non-patients; 'Good Samaritan' liability: intervening to assist non-patients. Part III Actual or Potential Negligence Liability for Non-Physical Injuries to Non-Patients: Pure economic loss claims by 3rd parties associated with the patient; Pure psychiatric injury claims by 3rd parties associated with the patient; 'Fear-of-the-future' claims by non-patients; Wrongfully-accused 3rd parties in neglect or abuse cases; Appendix; Bibliography; Index.

Additional information

GOR011139767
9780754646976
0754646971
Medical Negligence: Non-Patient and Third Party Claims by Rachael Mulheron
Used - Very Good
Hardback
Taylor & Francis Ltd
20100828
470
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

Customer Reviews - Medical Negligence: Non-Patient and Third Party Claims