Research Handbook on Patient Safety and the Law


Research Handbook on Patient Safety and the Law

9781802207057 Edward Elgar Publishing
Edited by John Tingle, Birmingham Law School, University of Birmingham, Caterina Milo, School of Law, University of Sheffield, UK, Gladys Msiska, School of Nursing, Kamuzu University of Health Sciences, Malawi and Ross Millar, School of Social Policy, University of Birmingham, UK
Publication Date: 2023 ISBN: 978 1 80220 705 7 Extent: 406 pp
Despite recurring efforts, a gap exists across a variety of contexts between the protection of patients’ safety in theory and in practice. This timely Research Handbook highlights these critical issues and suggests both legal and policy changes are necessary to better protect patients’ safety.

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Despite recurring efforts, a gap exists across a variety of contexts between the protection of patients’ safety in theory and in practice. This timely Research Handbook highlights these critical issues and suggests both legal and policy changes are necessary to better protect patients’ safety.

Multidisciplinary in nature, this Research Handbook features contributions from eminent academics, policy makers and medical practitioners from the Global North and South, discussing the essential facets concerning patient safety and the law. It highlights how the role of legislation and case law has the potential to influence, both positively and negatively, medical practice and the quality of care. Chapters explore patient safety and the global health agenda; physiotherapy; ‘non-therapeutic’ clinical research with children; patient safety awareness in healthcare education; and the increasing use of robotics and artificial intelligence in healthcare.

Outlining a wide range of international perspectives on patient safety and the law, this Research Handbook will appeal to academics and researchers specialising in health and medical law, human rights and healthcare regulation. It will also serve as a valuable resource for legal and medical practitioners alike, as well as clinicians and professionals working in healthcare governance.
Critical Acclaim
‘An essential guide to assessing the systemic failures that put patient safety and well-being at risk, the Research Handbook on Patient Safety and the Law explores the challenges to improved patient care using multi-disciplinary and international perspectives. The book provides an in-depth exploration of the legal, ethical, and policy issues at work and offers pragmatic responses to the complex array of factors that endanger patients.’
– Barbara A. Reich, Professor of Law, Western New England University School of Law, US

‘“First do no harm”, we''re told. But in the legal literature patient safety is very far from the first consideration. This fascinating and comprehensive Research Handbook redresses the imbalance. Essential reading for everyone concerned with medical law, ethics and governance.’
– Charles Foster, University of Oxford, UK
Contributors: Catarina Alves Rodrigues, Homero Bagnulo, Emma J. Breeze, Gervasio Brown Nyaka, Denis Joseph Bukenya, Alejandro Castello, Wanangwa W.N. Chikazinga, Evelyn Chilemba, Felistas Chiundira, Abdea Coomarasamy, Arri Coomarasamy, Mollie E.L. Cornell, Amber Dar, Angela Eggleton, Laura Finucane, Linda Gibson, Jonathan Gorry, Sue Greenhalgh, Helen Hughes, Martha Kamanga, Pempho Carol Katanga, Patricia Katowa-Mukwato, Abigail Kazembe, Patrick Mapulanga, Adam McCann, Barbara McDonald, Pedro Melo, Ross Millar, Calum Miller, Caterina Milo, Gladys Msiska, Chisomo Mulenga, Annie Namathanga, Michael Obeng Brown, Pauline Odeyemi, James Selfe, Paulo Sousa, Marc Stauch, John Tingle, Carlos Vivas, Gillian Yeowell


1 Patient safety and the law: an introduction 1
John Tingle, Caterina Milo, Gladys Msiska, and Ross Millar
2 The need for more conceptual underpinning in NHS patient safety and clinical negligence policy development 10
John Tingle
3 The law and ethics of informed consent after Montgomery and the safeguard of patients’ safety 22
Caterina Milo
4 ‘Non-therapeutic’ clinical research with children: responsibility in the balance? 37
Amber Dar
5 Balancing on a knife edge: patient safety and autonomy in the psychiatric context 56
Mollie E. L. Cornell
6 The role of tort law in protecting patient safety and autonomy in Australia 74
Barbara McDonald
7 Healthcare in conflict: legally protected, physically at risk 90
Emma J. Breeze
8 Does legalising abortion reduce deaths from unsafe abortion? Experiences in sub-Saharan Africa 108
Calum Miller
9 Physiotherapy in the UK: the second victim in a perfect storm? 125
Sue Greenhalgh, James Selfe, Laura Finucane, and Gillian Yeowell
10 Patient safety at the end of life: the role and limits of the law in England and Wales 141
Adam McCann
11 The ‘patient-friendly’ medical injury liability rules in Germany: implications for patient safety? 165
Marc Stauch
12 Patient safety in Germany 177
Dagmar Luettel, Victoria Klemm, and Reinhard Strametz
13 Patient safety, global governance, and the right to health in integrated primary health care 193
Jonathan Gorry, Linda Gibson, Denis Joseph Bukenya, Pauline Odeyemi, and Michael Obeng Brown
14 Patient safety and the global health agenda 206
Paulo Sousa, Ana Catarina Rodrigues, and José Pedro Teixeira
15 Patient safety in Uruguay 221
Homero Bagnulo, Alejandro Castello, and Carlos Vivas
16 Pregnancy and childbirth risks: clinical and legal perspectives 237
Pedro Melo, Abdea Coomarasamy, and Arri Coomarasamy
17 Patient safety challenges and practical ethical legal issues in low- and middle-income countries 257
Gladys Msiska, Evelyn Chilemba, Martha Kamanga, Chisomo Mulenga, Annie Namathanga, Patrick Mapulanga, and Abigail Kazembe
18 Child safety in developing countries 278
Felistas Chiundira and Pempho Katanga
19 Patient safety consciousness in healthcare education 297
Gladys Msiska, Gervasio Nyaka, Wanangwa Chikazinga, and Patricia Katowa-Mukwato
20 Developing patient safety standards 314
Helen Hughes
21 Dr Robot: robotics and AI in healthcare 336
Angela Eggleton
22 Patient safety and the law: a thematic review and assessment of future options 369
Ross Millar
Index 377
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