Medical negligence: A neurosurgeon’s guide

Medical negligence is a complicated area which we should continuously update ourselves on in order to stay on top of. This paper assesses the current state of negligence law in a clinician friendly way, including the most recent cases such as Tolias [2019]. Through a thorough literature review and r...

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Bibliographic Details
Main Authors: Callum Phillips, Lewis Thorne, A.T. Casey, Antonino Russo
Format: Article
Language:English
Published: Elsevier 2021-03-01
Series:Interdisciplinary Neurosurgery
Subjects:
Online Access:http://www.sciencedirect.com/science/article/pii/S2214751920305314
Description
Summary:Medical negligence is a complicated area which we should continuously update ourselves on in order to stay on top of. This paper assesses the current state of negligence law in a clinician friendly way, including the most recent cases such as Tolias [2019]. Through a thorough literature review and reading of case judgements, we discuss the three components of negligence (duty of care, breach of that duty, and causation), and describe what each means with a particular focus on breach. We review the current legal standing of Bolam and Montgomery in Medical Negligence and the requirements of informed consent. Finally, we propose a series of clinical recommendations for neurosurgeons to put into practice in order to ensure they do not fall afoul of these laws.
ISSN:2214-7519