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The Bolam principle addresses the first element and may be formulated as a rule that a doctor, nurse or other health professional is not negligent if he or she acts in accordance with a practice accepted at the time as proper by a responsible body of medical opinion, even though some other practitioners adopt a different practice.
4. A recipient of pro bono (free) services (either legal or medical) is entitled to expect the same standard of care as a person who pays for the same services, to prevent an indigent person from being entitled to only substandard care. [2] Medical standards of care exist for many conditions, including diabetes, [3] some cancers, [4] and sexual ...
Governing, licensing, and law enforcement bodies are often at the sub-national (e.g. state or province) level, but national guidelines and regulations also often exist. For example, in the United States, the National Highway Traffic Safety Administration in the Department of Transportation has a national scope of practice for emergency medical ...
Medical Code of Ethics is a document that establishes the ethical rules of behaviour of all healthcare professionals, such as registered medical practitioners, physicians, dental practitioners, psychiatrists, psychologists, defining the priorities of their professional work, showing the principles in the relations with patients, other physicians and the rest of community.
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
Thus, when a patient claims injury as the result of a medical professional's care, a malpractice case will most often be based upon one of three theories: [10] Failure to diagnose: a medical professional is alleged to have failed to diagnose an existing medical condition, or to have provided an incorrect diagnoses for the patient's medical ...
Health courts are proposed specialized courts for handling medical malpractice claims. They are characterized by the use of specially trained adjudicators, independent expert witnesses, and predictable damage awards.
An informed consent clause, although allowing medical professionals not to perform procedures against their conscience, does not allow professionals to give fraudulent information to deter a patient from obtaining such a procedure (such as lying about the risks involved in an abortion to deter one from obtaining one) in order to impose one's belief using deception.