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© in This Web Service Cambridge University Cambridge University Press 978-0-521-74407-2 - Medicolegal Essentials in Healthcare, 2nd Edition Edited by Jason Payne-James, Ian Wall and Peter Dean Index More information Index A A-G of British Columbia, Rodriguez v abbreviations, statements of evidence 145 235, 237 AIDS see HIV abortion see termination of pregnancy AIDS (Control) Act (1987) 215 Abortion Act (1967) AIDS Epidemic Update December 2002 amendment by Human Fertilisation (WHO/UNAIDS) 206, 207 and Embryology Act (1990) 150 (Table) offences against 149 Airedale NHS Trust v Bland 130, 131, statutory notification 34 143 Abortion Regulations (1991), statutory AK (Adult Patient), Re (Medical notification 34 Treatment: Consent) 132 abuse of children 159–160 Alder Hey Children’s Hospital, retention acceptable practice 169 of tissues 107–108, 119 Access to Health Records Act (1990) 31, All-Party Parliamentary Group on AIDS 75 215–216 Access to Medical Reports Act (1988) amputation of gangrenous foot, refusal 31, 34 of consent (Re C) 132 actionability per se 115n anal sexual intercourse, AIDS battery 128 transmission 219 active euthanasia 140 anatomical specimens 105 Acts of Parliament 1 Anatomy Act (1832) 105, 119 relevant to medical practitioners, Anatomy Act (1984) 105–106 listed 55 (Table) anonymity actual bodily harm 112 clinical information 37 Adamoko, R v 174 gamete donors 153 Adams, R v 142 anonymous surveillance, unlinked, AIDS administrators, disclosure of clinical 208 information to 37 anorexia nervosa: Re W (A Minor: admission to hospital Refusal of Treatment) 44, early death after 97–98 136n see also detention anticipatory declarations, as refusal of Adoption and Children Act (2000) treatment 42–43 165 anti-viral treatment adults, capacity 40–43 pregnancy, AIDS prevention 208 Adults with Incapacity (Scotland) Act see also highly active anti-retroviral (2000) 143 therapy advance directives see living wills appeals adversarial systems 238 complaints procedures 77 Advisory Council on the Misuse of Drugs from Crown Court 8 226 difference from judicial review 5 Advisory Group on Hepatitis 223 fitness-to-practice decisions 60 Africa, AIDS 206, 208 psychiatric detention 19 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-74407-2 - Medicolegal Essentials in Healthcare, 2nd Edition Edited by Jason Payne-James, Ian Wall and Peter Dean Index More information 242 INDEX appeals (contd) balance of probability 167, 171 rights, psychiatric detention and Barnett v Chelsea and Kensington treatment 90–92 Hospital Management Committee appraisal, of doctors 63–64 171 Approved Social Workers (ASW) battery 39 Mental Health Act (1983) 84, 86 actionability per se 128 artificial ventilation, cessation 131 Bavaria, HIV legislation 213 assault BBVs see blood-borne viruses on forensic physicians 25–26 Being heard (Wilson Committee) 72 on healthcare professionals, disclosure Bentham, Jeremy 12 of clinical information to police best interests principle 35 children 44, 49n as offence 39 end-of-life decisions 143 see also Offences Against the Person incapacity for consent 40–41 Act (1861) information-sharing by forensic Assessment Referral Committee, GMC physicians 21 60 Bethlem Royal Governors and Others, assisted suicide 144–145, 147n Sidaway v 46, 136–137n living wills and 127 Bills, parliamentary 1 Association of British Pharmaceutical biomedical ethics see ethics Industry, volunteers for clinical biotechnology industry, property in trials, compensation 198 tissues 114 Association of NHS Occupational Nurse Bird, S.M., Leigh-Brown, A.J., on Advisors (ANHONA), on blood- criminality of AIDS-risk behaviour borne viruses 221 219 Association of NHS Occupational birth mothers (surrogate mothers) 113, Physicians (ANHOPs), on blood- 155–156 borne viruses 221 births, statutory notification 34 attendance at court 237–240 Births and Deaths Registration Act attorney, powers of 133 (1953) 96–97, 115n audience, rights of 240 blame-based litigation 174–175 audit Bland, Airedale NHS Trust v 130, 131, of potential organ donors 125 143 use of clinical information 37 bleeding, patients with blood-borne Australia viruses 217 Medical Treatment Act (1988) 134 blood products, blood-borne viruses and Therapeutic Goods Administration 218 195 blood specimens see samples Australia antigen 203 blood transfusion, hepatitis C autonomy 17, 136n screening 218 AIDS and 213–214 transmission 210 see also self-ownership blood-borne viruses (BBVs) 203–231 autopsies see postmortem examinations advice to healthcare professionals, United Kingdom 220–225 B bodies B (Adult: Refusal of Medical Treatment), rights in vivo 112–113 Re 142, 147n see also autonomy; self-ownership B case (In Re O; In Re B), harm to child see also cadaver(s) 164 Bolam test 169, 176n B case (Ms B), living wills 130, 133 necessity for treatment and best B case (R v Gwynedd County Council, ex interests 41 parte B) 115n sufficiency of information for consent B, Lancashire C.C. v 164 to treatment 46, 137n B v A NHS Hospital Trust 131 Bonnington Castings v Wardlaw 172 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-74407-2 - Medicolegal Essentials in Healthcare, 2nd Edition Edited by Jason Payne-James, Ian Wall and Peter Dean Index More information INDEX 243 Book 83 (custody record) 26 Chelsea and Kensington Hospital Boyes, Lilian (Mrs), rheumatoid arthritis Management Committee, case (R v Cox) 141–142 Barnett v 171 brain stem death 123 chemotherapy (cytotoxic), spinal breach of contract, private practice 170 administration 174 breach of duty 169, 170 Chief Medical Officer, on no-fault Bristol Royal Infirmary, retention of schemes 175 tissues 107–108 child abuse 159–160 British Medical Association, complaints child assessment orders, Children Act and 73 (1989) 164 bruises 237 child destruction, Infant Life burden of proof, civil law vs criminal law (Preservation) Act (1929) 149 74 children Burke (murderer) 114n anti-viral treatment, AIDS prevention ‘but for’ test 171, 172 208 Butler-Sloss, Elizabeth (Dame) 153 consent to treatment 44–45, 49n disclosure of medical records to C parents 32–33 C (Adult: Refusal of Medical Treatment), possession of bodies 115n Re 132, 136n retention of tissues by hospitals 108 C and another v S and another ‘unlicensed use’ of medicines 150–151 190–191 cadaver(s) 105–107 see also minors blood-borne viruses 217 Children Act (1989) 159–166 property rights in 109–111 definition of minors 48n cadaveric organ donors 122 parental responsibility 45, 151, Caesarean section, refusal of consent 42, 161–162 47n, 130 Section 8 165 Canada, R v Cuerrier 219 China, AIDS 206 capacity 39–45 Circular HC(90)22 (Department of complexity of decisions and 40, 47n Health), on sterilisation 152 consent for sterilisation and 40–41, cirrhosis, viral hepatitis 205 151–152 Citizen’s Charter Task Force 71 living wills and 134 citric acid, supply 226 prisoners 25, 36 Civil Courts 7–8 terminal illness 142 civil detention orders 84–87 care orders, Children Act (1989) Civil Division of Court of Appeal 8 160–161, 162, 163–165 civil law 7 carers, disclosure of medical records to burden of proof 74 32–33 confidentiality claims 29 case co-ordinators, GMC performance negligence 167–170, 174 procedures 60–61 reports to court 237 case law 6–7 ‘claimant’ 175n causation claims, complaints vs 71 damage 171–172 clearance to perform Exposure Prone inference 172 Procedures 222 cause of death, death certificates Cleveland Report 159–160 34, 98 clinical governance 68, 72 CECOS, Parpalaix v 114 clinical negligence 167–177 centralised procedure clinical trials 193–201 EC Regulation 2309/93 183 stopping rules 196–197 proposed changes 187 cloning, tissue ownership and 109–110 Chancery division 8 Code of Conduct, Nursing & Midwifery chaperones, for prisoners 25 Council 66 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-74407-2 - Medicolegal Essentials in Healthcare, 2nd Edition Edited by Jason Payne-James, Ian Wall and Peter Dean Index More information 244 INDEX coercion, clinical trials and 199 healthcare professionals with blood- co-infection, HDV and HBV 205 borne viruses 222 Commission on Human Rights, United HIV status 212, 218 Nations 16 NHS complaint conciliation 78 Committee for Human Medicinal see also anonymity Products (CHMP) (EEC) 187 Confidentiality: protecting and providing see also European Agency for the information (General Medical Evaluation of Medicinal Products Council) 75 Committee for Proprietary Medicinal conjoined twins, autonomy 136n Products (CPMP) (EEC) 182 conscience, non-participation on Committee of Professional Performance grounds of, Abortion Act (1967) (CPP), GMC 61 150 Committee on Safety of Medicines consent (CSM) 181 clinical trials 196, 197 common law 6–7 disclosure of medical records to third communication, complaints and 73 parties and 32–37 community healthcare proxies 133–134, 143–144, care of mental patients 93–94 147n compulsory treatment in 91 Human Fertilisation and Embryology community-acquired infections, hepatitis Act (1990) 49n C virus 209 non-patient complainants 77 compensation organ donation 122 volunteers for clinical trials 198 for postmortem examinations 109 see also damages sterilisation, incapacity for 40–41, complainants, non-patient 77 151–152 complaints, reasons for 73–75 treatment 39–49 Complaints Managers 77 of detained patients 89–90 complaints procedures by forensic physicians 21, 23–25, General Medical Council 58–59 36 National Health Service 71–81 living wills and
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