Medical negligence in the legal practice (real use case inside)

med-law

The crime in providing medical assistance can be committed through carelessness or professional negligence. In the first case it is considered that a guilty person foresaw the potential outcomes of socially dangerous consequences of the actions made (or inaction), but lightly, without strong reasons considered their prevention (or absence) to be possible and/or true. In the second case (negligence), the offender, did not foresee such effects, but with the necessary approach and forethought should have and could have foreseen them.

An example of the negligence could be the next case (we are referring to the real cases provided by solicitors.guru partners – medical negligence solicitors, although we omit names, surnames and geographical location of the case). A patient with uncomplicated closed fractures of the hip was brought to the hospital. Young surgeon on duty decided to take advantage of osteosynthesis. During the surgery a severe bleeding occurred, and as a result, clinical shock. The patient died, and it turned out there were no indications for osteosynthesis. The surgeon, counting on the fact that there would be no intraoperative complications, decided to perform operation and took an increased risk.

Criminal negligence is defined as the occurrence of unforeseen adverse effects, though the guilty party could and should have foreseen their offensive. In practice, criminal negligence is often associated with medical ignorance. There is a misconception that the ignorance of their duties does not entail criminal liability. This is not true. Getting medical diploma, young professionals not only get the right to engage in medical practice, but also take on the responsibility to be able to do it.

Non-crime legal precedents

There’s a term ‘medical incident’ (also classified as ‘medical accident’) that doesn’t imply criminal activity. In this case the doctor is believed to act deemed to be committed innocently (accidentally) if the perpetrator (for example medical worker) was not aware of the social danger of his actions, did not foresee its socially dangerous consequences and the circumstances of the case should not have been there or could have been foreseen.

Here’s another example to consider: before appointing/introducing an antibiotic, the doctor asks the patient whether he has some drug tolerance problems, allergic reactions or, in particular, unusual reactions to antibiotics. After receiving a negative response, the physician nevertheless fulfills the necessary samples to determine the patient’s hypersensitivity to antibiotics, and the sample is negative. However, with the introduction of antibiotics, a severe anaphylactic shock is developed in the patient, recovery from which demanded significant efforts. There is no fault of the doctor, as in this case he did everything that is required, and he couldn’t foresee the consequences. From a legal point of view, the incident must be regarded to as causing of harm innocently, as there is no form of guilt there.

From time to time in the medical literature there are reports that significant efforts are made to organise medical negligence information with legal aspects in minds. The authors of these publications argue a lot, defending their own points of view and moving in decentralisation direction, rather than in a uniform way. Unfortunately, these attempts are groundless, because they are going beyond the limits of medical knowledge and the competence of law intrusion.

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The stages of acquiring property in the UK: the underwater payment rocks

acquiring property in uk

After the purchase transaction is complete, you will need to pay the state a fee as payment of expenses related to the acquisition. Now the legislation set the bar at a rate of 4 per cent of the transaction amount. You do not need to understand all of the transactions and other legal tricky cases, all of this is the prerogative of the agent or any other person who may be your confidant, plus the validity of the amount is verified by conveyance solicitors. If you are working with an agent you will have to pay up to 5 percent of the total cost of the purchased object, while conveyance solicitors, whose participation in the deal is obligatory, are typically paid up to 0.5% of the purchase. The cost of the premises is fixed in the contract, and the payment obligations of the seller and the buyer are listed there.

In order to take the construction of the house on their own land, it is necessary to communicate with the local authorities. Once administration gives go-ahead for the start of construction, you will need to draft a future housing, and then send it to the Ministry of Environment.

All in all, you can hardly call the pricing policy for the property in the UK to be democratic. In the center of London to purchase a one-room you will need around £1ml. The further you go from center, the lower the prices will be, but no less than £220,000 according to the offers as of March, 2016. In other localities, e.g. Liverpool or Manchester Greater area the prices are way more moderate – this is where 1 bedroom apartments start from as low as £70,000.

Before the acquisition of the object it is necessary to hire professionals that conduct an inspection of the premises and the adjoined buildings. At the end of this procedure you will receive a formal opinion, in which the state property will indicate that you need to repair and how much it will cost. For this paper, you will need to shell out up to several thousands pounds (although it doesn’t apply to the brand-new property of the higher price segment, that typically come fully furnished). This conclusion is then required for the registration of the mortgage, because the bank will need to make sure that the value of the object actually corresponds to its real condition.

The next step is a contract. It is notarised and sold under the close supervision of lawyers. After the transaction, your lawyer will ask you to provide all the necessary documentation; plus you may be asked to confirm the nature of the funds you are using to acquire the property. Then, in order to become full owner of the object, you will need to register all the documents at the Land Registry; and once this procedure is completed, you can consider yourself to be the landowner.

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Legal tractation of medical negligence and errors

medical negligence

The article is inspired by the clinical negligence research published at solicitors.guru, the aspiring, well-established legal platform putting together hundreds of UK medical negligence solicitors, focused on the gigantic budget expenditures on the area that definitely deserves more attention from authorities.  

The challenges of definition

In legal literature, there is no unified point of view on the qualification of medical errors. In some cases, the error is called a wrongful act of guilt in medical workers, resulting in harm to the patient’s health, in the others – accidentally caused harm to innocent, and sometimes – a circumstance, softening responsibility of a doctor. As is clear from these definitions, they differ significantly on such an important feature as the presence or absence of guilt. Meanwhile, a uniform legal definition of medical error has a theoretical and practical significance.

It appears that from a legal point of view, the errors must be distinguished from wrongful acts of guilt in medical workers (institutions) and cases of causing harm to the patient in the absence of guilt. The first of these acts is an offense (a crime, a misdemeanor), giving rise to criminal, disciplinary and civil liability; in the second embodiment, there is the case – the lack of guilt and responsibility.

Accordingly, it is necessary to distinguish the subjective and objective causes of errors in the process of healing. In terms of subjective reasons punishable medical errors occur as a result of negligence or lack of experience and knowledge of the physician, such as a careless inspection, inadequate assessment of clinical and laboratory data, negligent performance of operations and other treatment and preventive measures, negligent care and observation of the patient, poor organisation activities of medical institutions. Illegal abortion, failure to render aid to the patient happen due to deliberate actions of medical workers, but their relation to the adverse effects can also represent the form of negligence.

medical-malpractice2For medical errors, not entailing legal responsibility with regard to objective reasons, should be classified as acts of medical workers (institutions) that do not violate the rules established by law and regulations, but caused damage to health or provoked a lethal outcome, for example, due to lack of security specialists of medical institutions, hardware, therapeutic drugs, atypical form of the disease, the abnormal anatomical features of the patient or sudden allergic reaction that could not be foreseen by health professionals.

This classification and definition of medical errors, taking into account the criterion of guilt in medical workers, is confirmed by the jurisprudence. In some cases medical institutions can not be held responsible for diagnostic errors due to the complexity of the disease or its abnormality. However, if there is an evidence of errors caused as the result of careless attitude to the work of the medical staff, the hospital is obliged to compensate the damage caused to the health of the patient through the fault of its employees in the performance of their duties.

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