The spine and medical negligence
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Biomedical subjects
Publications and source records attributed to P Hoyte.
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The competent adult patient has a fundamental right to give, or withhold, consent to examination, investigation or treatment. This right is founded on the moral principle of respect for autonomy.
The role of medical records is to provide a clear, accurate and lasting picture of the care and treatment given to patients, providing effective communication among a team. Poor records may be seen as indicative of a sloppy approach to patient care. Their absence may make defending a claim difficult or almost impossible.
Medicolegal reports have become a regular part of every doctor's professional life. Like any consultation they are statements of carefully considered clinical judgment, which may ultimately have to be backed up by appearances in court. Objectivity, balance and an understanding of the needs of the process are therefore vital.
The NHS indemnity scheme began in January 1990 and covers all NHS hospital and community health service staff (but not general practitioners). However, some doctors continue their membership with medical defence organizations for continuing advice and assistance regarding medicolegal issues.
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