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Physician–patient privilege is a legal concept, related to medical confidentiality, that protects communications between a patient and their doctor from being used against the patient in court. It is a part of the rules of evidence in many common law jurisdictions. Almost every jurisdiction that recognizes physician–patient privilege not to ...
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 is an English tort law case that lays down the typical rule for assessing the appropriate standard of reasonable care in negligence cases involving skilled professionals such as doctors. This rule is known as the Bolam test, and states that if a doctor reaches the standard of a ...
Examples given by the court included geriatric patients and those with anxiety disorders, whose state of mind may prohibit understanding the true reality of low-risk treatments which are safe and provide an advantage to the patient and therefore therapeutic privilege should 'extend to cases where although patients have mental capacity, their ...
The claimant was a woman of small stature and a diabetic under the care of a doctor during her pregnancy and labour. [2] The doctor did not inform her of the 9-10% risk of shoulder dystocia, where the baby's shoulders are unable to pass through the pelvis among diabetic women as she viewed the problem being very slight and believed a caesarean section was not in the claimant's interest.
Physicians have a duty to act in their patients best interest and can be charged in a court of law if they fail to do so. On the other hand, a physician may be required to act in the interest of third parties if his patient is a danger to others. Failure to do so may lead to legal action against the physician. Medical jurisprudence includes:
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.
A medical researcher has asked a court to throw out a lawsuit that Johnson & Johnson filed against her over her 2019 study on the links between cosmetic talc products and cancer, saying that her ...
The judge disagreed and informed the jury that the doctors could be held guilty if their prescribing practices deviated from medical norms to the extent that they were unrecognizable as medicine. The jury ultimately found that the two doctors were guilty under 21 U.S.C. § 841(a)(1). [1] Ruan and Couch appealed to the United States Court of ...