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p. 92. The enforcement of medical lawlocked

  • Charles Foster


‘The enforcement of medical law’ maps the journeys of health-care professionals when they are accused of doing something wrong. Criminal proceedings may be brought against doctors when they commit a crime that comes under criminal law — assault, fraud, murder, for instance. Civil claims for damages are more common based on negligence claims or claims based on consent or confidentiality. Disgrace and unemployment may be the result of disciplinary and regulatory proceedings. Public law jurisdiction and the important connection with human rights law is then considered along with the complex jurisdiction over patients lacking capacity. Finally, resolving medical law disputes through multiple sets of proceedings is discussed.

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