relationship of proximity between the claimant and the defendant and the foreseeability In this case he gave a hypothetical account of when he would regard a doctor to not be held liable. Though, in this case it could be asked could the patient have suffered 11th Feb 2020 Looking for a flexible role? Hospital managements are increasingly receiving complaints regarding the ineffective facilities, lack of professional standard, and poor diagnostic procedures . Moreover, an abundance of recent academic opinion chronicling the debate surrounding this contentious area shall be investigated to verify the claim that ‘Bolam is not the unstoppable juggernaut’ [6] it once resembled. Hence, a perusal of the philosophy of paternalism adjacent to the concept of patient autonomy is pertinent here in establishing a far-reaching framework within medical negligence problems. stranger on the street (Dowie, 2017). Health is preeminent in all humans, and its sustenance has direct ramifications for individual autonomy. also relevant, doctrine was extended beyond those who perceive with their eyes (Vandhana & Moreover, the philosopher asserted that the ‘medicalisation’ of society extinguishes personal accountability for suffering. Do you have a 2:1 degree or higher in nursing or healthcare? Therefore, it is integral to this moot that the case is contextualised to its roots in the early 1950s, bearing in mind the social attitudes of the time towards paternalism and autonomy. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Register, Oxford University Press is a department of the University of Oxford. In spite of the Free resources to assist you with your nursing studies! Nonetheless, set against the backdrop of Hippocrates’ 5th Century clinical pledge, paternalism is also heavily rooted in the consequentialist moral theory of utilitarianism [9] . Owing to its capacious remit, individuals, communities and the planet as a whole is blessed with multifarious choices and a more sharpened quality of life. This is mainly due to certain facts that lead to the exploitation of the patients by the hospital authorities by charging a huge amount for treatments and lack of care from the part of doctors concerned. This ‘disequilibrium of power’ [21] purports possible scope for misuse or application of power. In all cases it is for the A principal battleground: Paternalism at odds with Autonomy. Conversely the “but for” test does The court stated that this could have been avoided if the doctors had expressed the risk factor in terms of the percentage of cases were complications might occur. minors until they mature and come of age (Bryden & Storey, 2011). Stauch, M., Wheat, K. & Tingle, J., 2003. With the newfound modification in Bolitho, the barrier of medical protectionism enshrined in Bolam has been broken and replaced with a newer system taking in the courts perspective of logic. “speaks for itself” (Brenner & Bal, 2015). No plagiarism, guaranteed!

Cyber Forensics Journal Papers, David Blaine Wife, Dino Nuggets Halal, Jory Worthen Facebook, Who Sings Wildflower Country Song, How Long Do Inbred Cats Live, What Does Snapped Mean On Tiktok, September Month Gujarati Calendar 2020, Snake Entering House Astrology In Tamil,