Redefining the Medical Negligence Action

A Doctor's Duty to Take Care
Erscheinungsjahr 2027
ISBN: 978-1-5099-3150-7
Verlag: Bloomsbury Publishing plc

Buch, Englisch, 224 Seiten, Hardback, Format (B × H): 156 mm x 234 mm, Gewicht: 323 g

Reihe: Hart Publishing

This ambitious and important book explores the new concept of the doctor-patient relationship, told from the private law perspective.

The doctor-patient relationship is different to others. Doctors are required to take positive action when dealing with patients and, accordingly, can be held liable for omissions. However, due to the strict adherence to physical injury as the dominant form of damage in negligence law, a doctor's duty of care is operating, in effect, as a duty not to negligently cause physical injury.

This book identifies this to be the main barrier to protecting interests other than bodily integrity in medical negligence law. By so doing, it sets out a new duty of care framework: namely that a doctor would owe a 'positive duty to take care' of the patient's interests. This would ensure that the reasons for requiring doctors to take positive action would be carried through to the damage enquiry. Damage would either not be necessary, or would be expanded to include interests other than bodily integrity. It offers an important and ambitious new way of thinking about the doctor-patient relationship.

Autoren/Hrsg.

Fulham-McQuillan, Sarah

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Geisteswissenschaften Philosophie Rechtsphilosophie, Rechtsethik

Inhaltsverzeichnis

1. Introduction

2. An Overview of Loss of a Chance

3. The Duty of Care in Medical Negligence
4. A Positive Duty to 'Take Care'

5. Protecting Autonomy in the Absence of Physical Injury:An Extended Concept of Damage Following Breach of the Positive Duty to Take Care
6. Psychological Distress as Damage under an Extended Concept of Damage Following Breach of the Positive Duty to Take Care
7. Fundamental Values and the Positive Duty to Take Care Argument

8. Examining Potential Remedies and Limitation Periods

9. Conclusion

Über Autor(innen)

Fulham-McQuillan, Sarah
Sarah Fulham-Mcquillan is Assistant Professor at the School of Law, University College Dublin, Ireland.

Sarah Fulham-McQuillan is McCann FitzGerald Assistant Professor in Law and Business at the Sutherland School of Law, University College Dublin, Republic of Ireland.