By Sally Sheldon, Michael Thomson, Anne Bottomley
This publication brings jointly new paintings by way of the various optimum writers within the well-being care legislation area. It offers intriguing new insights,drawing on feminist thought and method to additional our figuring out of future health care legislation. while the publication makes a true contribution to either feminist debates and the research of this region of legislations, it's also available to the undergraduate pupil who's forthcoming this zone of criminal scholarship and feminist jurisprudence for the 1st time. Its concentration isn't really simply on these concerns that have typically excited feminist realization, but additionally contains these matters that have proved of much less obvious curiosity resembling confidentiality, scientific examine, clinical negligence self-discipline.
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Extra info for Feminist Perspectives on Healthcare Law (Feminist Perspectives on Law Series)
20 Joyce v Merton Sutton and Wandsworth HA (1993) 27 BMLR 124, p 144. 21 Op cit, fn 10, Montgomery, p 176. 24 It is these three decisions, and particularly Whitehouse and Sidaway, which will form the focus of the present work. The cases show the importance of Bolam across all areas of medical negligence, respectively establishing it as the relevant test for the standard of care in negligent treatment, disclosure of information prior to treatment, and diagnosis. How the Bolam test operates in practice can be clearly illustrated by a brief consideration of their facts.
Ibid, per Lord Denning MR, p 656. Ibid, per Lawton LJ, p 658. Whitehouse v Jordan  1 All ER 267 (HL), per Lord Wilberforce, p 271. Ibid, fn 38, per Lord Denning MR, p 653. Ibid, fn 43, per Lord Edmund-Davies, p 276. See also Lord Denning MR, p 653 (CA) and Lord Wilberforce, p 271 (HL). Lord Wilberforce adds ‘to be fair’ that Mr Jordan was not greatly handicapped by this as, by the time he arrived, Mrs Whitehouse was under epidural anaesthetic and he was able to examine her vaginally. 46 Ibid, per Lord Wilberforce, p 273.
See a similar argument in Kennedy, I and Grubb, A, Medical Law: Text with Materials, 1994, London: Butterworths, p 3. See Montgomery, J, ‘Medicine, accountability, and professionalism’ (1989) 16 JLS 319. Judicial deference to medical discretion can be understood as a result of the existence of different and important policy considerations which the judges must take into account when determining medical cases, which will not concern them elsewhere: eg, fear of defensive medicine, a perceived need to protect the medical relationship, the perception of medicine as altruistic practice, the belief that medicine is art as well as science and so on.