Reasonable Care: Legal Perspectives on the Doctor-Patient Relationship

Hardcover | March 1, 1992

byHarvey Teff

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Though more and more medical disputes are reaching the courts, English law still essentially allows doctors to set their own standards. Criticism of this stance, as of medical paternalism itself, centres on the denials of patients' rights. But the interest that patients have in theirwell-being should not be expressed exclusively through the assertion of rights. Unqualified self-determination and the moves towards contractualism in the restructured NHS may be detrimental to patient welfare. A collaborative apprach to medical care can offer distinctive therapeutic advantages aswell as due respect for patient autonomy. Increasingly, patients wish to be involved in decisions about their treatment. In the key legal area of liability for negligence it would be consistent with legal principle, and with developments in other jurisdictions, to accord less weight to customarypractice and more to patients' reasonable expectations.This book offers a sustained treatment of these issues, primarily as they arise in the hospital setting, but looking too at a range of therapies in different contexts. As such it provides a unique analysis of the central areas of medical law written in a fashion that will be appealing to anyone withan interest in medicine, health care and the law.

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From the Publisher

Though more and more medical disputes are reaching the courts, English law still essentially allows doctors to set their own standards. Criticism of this stance, as of medical paternalism itself, centres on the denials of patients' rights. But the interest that patients have in theirwell-being should not be expressed exclusively throug...

From the Jacket

Though more and more medical disputes are reaching the courts, English law still reflects the fundamental belief that doctors should be allowed to set their own standards. Criticism of this situation, as of medical paternalism itself, centres on the denial of patients' rights. The interest that patients have in their well-being should ...

Harvey Teff is a Doctor of the Middle Temple and a barrister.

other books by Harvey Teff

Law and Society in England
Law and Society in England

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Format:HardcoverDimensions:302 pages, 8.5 × 5.43 × 0.91 inPublished:March 1, 1992Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198255780

ISBN - 13:9780198255789

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Table of Contents

AcknowledgementsTablesIntroductionPart One: The Emergence of Medical Law1. Involving the LawPart Two: The Doctor-Patient Relationship2. Resilient Paternalism3. Emergent Medical ModelsPart Three: The Choice of Legal Category4. Patients' Rights5. Patient Welfare6. Collaborative Autonomy7. Providing Reasonable CareBibliographyIndex

Editorial Reviews

`Medical practitioners concerned or downright worried about medical negligence would do well to consult Harvey Teff's Reasonable Care: Legal Perspectives on the Doctor/Patient Relationship. It offers important reading for legal scholars and for busy medical practitioners who ought to be awareof such landmark cases as Bolam, Alcock, Gold, Maynard, and Rogers vr Whitaker as well as of the (changing) attitude of the courts today ... extraordinarily well-written and well-researched ... he has a splendid grasp of this fast-changing, uncertain medicolegal epoch - historically, politically,sociologically, and philosophically ... His arguments are persuasive, reasonable, and caring ... Thanks to Teff's book, medical practitioners will have a healthy way of thinking about their profession and the law itself - maybe even about lawyers too.'The Lancet