Phillip Taylor MBE review. Clinical Practice and the Law



hello it's Philip Taylor speaking from Richmond green gems in London and today I'm looking at a book which has come to us from professional solutions publications and it's a book which will be of direct interest to expert witnesses it's called clinical practice and the more this book here it's got a subtitle a legal primer for clinicians and been written by Giles err Elizabeth was the lead writer on this particular review and the title we've given the review is an essential guide to medicine and the more let's just have a look at the book very quickly there it is it's a paperback there's the spine so small paperback there's the back of it there that runs to something approaching pages 140 pages there's a very short index at the back by page numbering you should be able to find what you're looking for quite easily in the index which is actually listed there then there is in fact a short bibliography further reading and then after that you've got various parts of the chapters if I go to the front you see out of the 15 chapters we'll get to those in a minute that's that's actually the front page there of the book then you've got the blurb and after that you've got the basic information about the both the author and professional solutions publications it's a learning and development organisation then quite a lot of acknowledgments then you've got details about other books in the series which we've also reviewed this one's actually writing reports and that's writing reports for medico-legal reports in civil claims then you've got the content section by by chapters and on final chapters chapter 15 or 15 in total then of course you there's a very interesting for well worth reading by James banner not Queen's Counsel and in fact other people have also contributed comments about the book then there's a note from Giles about the perp the book itself and that stated September 2018 then we get into the book itself starts off medicine and the law then it goes straight into the various chapters and you can seem Kaptur – you've got a mini index for what's in the chapter itself and then as you can see there is some paragraph numbering throughout and that's the way it runs so about an even 40 page is worth in total now what do we say about the book it's a short review this one we say that this book occupies that often fraught and uncertain territory where Lawton medicine meet as a subtitle indicates it's a legal primer for clinicians yet interestingly it could work the other way around yes it explains lawyers to clinicians but it is unarguable that it also does a very good job of explaining clinicians to us lawyers as the publishers point out it addresses the fundamentals of how the law lawyers and the legal system affect clinical practice and I think it's very important certainly in the 21st century to approach 20/20 and we see changes taking place concerning mitigation and the fact that many of these matters will be mediated first but therefore we need to know the interface between both clinicians and lawyers so it's terse logical and to the point so in the book itself offers we think useful guidance to legal practitioners involved with for example personal injury or medical negligence claims for which the National Health Service of course has rather worryingly allocated a famously large budget and as I've indicated quite a large number within the HS n HS now are mediated first and we will be looking at probably compulsory mediation from April 2020 on words I'm not quite sure whether that will come in in full force but certainly that's the direction we're going in so therefore the NHS are looking for mediating a lot of the claims not all of them of course can be now the author of this book paperback is Charles air and he's embarrassed himself although appointed recorder he shares the experience he's gained throughout his career conducting and advising in PEI matters personal injury matters industrial disease and clinical negligence claims and as a recorder of course he sits in in his judicial capacity and by way of introduction the author offers the insightful comment that quote all healthcare professionals operate within a legal context in much the same way that all lawyers live within a medical context and probably within a similar degree of understanding or misunderstanding of the relevant principles so basically what he's trying to do is to give those people who need it that extra bit of information because you really do need to have as much preparation as you can whenever you have some form of maine's of conflict and it is this misunderstanding which is referred to and yes ignorance says James Bailey not Queen's Counsel in the forward quote which this book sets out to dispel and so he does as a working text he adds the book covers such crucial matters as the legal versus the scientific approach to evidence and proven to proof negligence and how it's defined the consequences of medical crime an important one the principles of patient consent and confidentiality the duty of candor whistleblowing record-keeping and at the expert witness work and I've as I've indicated I think the ewi will be very interested in this I'm of course there's more because this book offers a lot it's not an expensive book and I think it's something every expert should have the books 15 informative chapters cover such topics as the following a lawyer's mind the course system patients in custody when things go wrong and much more besides all of those are very important quest which I think the expert really needs to have some understanding of and of course it also includes a brief look at providing expert evidence in court for other hearings and that I think will be invaluable for experts who actually have to physically turn up as in most or all good legal texts the book includes a detailed table of contents and an index and there's a table and I mentioned of course that the index is quite short but it is there it's very helpful there's also a table of contents too at the beginning of each chapter which I think does help you find things quite quickly and there's a concluding statement at the end plus for those seeking further information you've got a wealth of research resources and the further reading list at the back this is a book says James badenov that will be welcomed by lawyers in the field for their own use but above all it vitally fills a gap for clinicians and we fully support that and I do mention that it's a work that all members of the expert witness Institute should actually have in their law library and the publication date of this paperback is cited as at the 26th of October 2018 let's just have one last look at it paperback as I see there we go there is the spine there's the back you probably can't see that very well from from the picture but there's a lot of detail just opening it in the middle this is chapter 8 records and making notes chapter 8 you can see the paragraph mumbling at the sides there isn't any footnoting actually on that particular page in fact this very little just just welcomed that there is quite a lot of footnotes on some of the pages which will be useful and as I've indicated right at the back there is in fact the useful statement about various you may need to look at it depending on what you want and in addition to that of course you do have very useful links to websites so a big thank you to Charles and everybody connected with this book it's well worth getting and we were delighted to be asked to review it too thank you bye bye

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