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There is an understandable tendency or desire to attribute blame when patients are harmed by their own healthcare. However, many cases of iatrogenic harm involve little or no moral culpability. Even when blame is justified, an undue focus on one individual often deflects attention from other important factors within the inherent complexity of modern healthcare. This revised second edition advocates a rethinking of accountability in healthcare based on science, the principles of a just culture, and novel therapeutic legal processes. Updated to include many recent relevant events, including the Keystone Project in the USA and the Mid Staffordshire scandal in the UK, this book considers how the concepts of a just culture have been successfully implemented so far, and makes recommendations for best practice. This book will be of interest to anyone concerned with patient safety, medical law and the regulation of healthcare.
Medical personnel --- Medical jurisprudence. --- Medical malpractice --- Medical negligence --- Tort liability of medical personnel --- Malpractice --- Medical errors --- Medical laws and legislation --- Forensic medicine --- Injuries (Law) --- Jurisprudence, Medical --- Legal medicine --- Forensic sciences --- Medicine --- Malpractice.
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The Insanity Defence provides an essential comparative perspective on the theory and practice of the insanity defence in both common law and civil law jurisdictions. It is a companion volume to Fitness to Plead (OUP 2018) by the same editors and is written and edited by a team of leading experts in the field.
Insanity defense. --- Insanity (Law) --- Criminal insanity --- Insanity --- Insanity (Jurisprudence) --- Lunacy (Law) --- Mental illness --- Mentally ill --- Capacity and disability --- Insanity defense --- Defense (Criminal procedure) --- Law and legislation --- Legal status, laws, etc.
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Competency to stand trial --- Criminal procedure --- Comparative law
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The law relating to fitness to plead is an increasingly important area of the criminal law. While criminalization may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this principle into question in the case of a person who lacks the capacity or ability to participate meaningfully in a criminal trial. In light of the emerging focus on capacity-based approaches to decision-making and the international human rights requirement that the law should treat defendants fairly, this volume offers a benchmark for the theory and practice of fitness to plead, providing readers with a unique opportunity to consider differing perspectives and debate on the future development and direction of a doctrine which has up till now been under-discussed and under-researched.
Insanity (Law) --- Competency to stand trial. --- Fitness to stand trial --- Incompetency to stand trial --- Trial, Competency to stand --- Criminal procedure --- Criminal insanity --- Insanity --- Insanity (Jurisprudence) --- Lunacy (Law) --- Mental illness --- Mentally ill --- Capacity and disability --- Insanity defense --- Law and legislation --- Legal status, laws, etc.
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