Medical Negligence

Tongue, Zoe; Romanis, Elizabeth Chloe; Germain, Sabrina

Abstract

This chapter explores the process for attempting to obtain compensation for medical negligence, and what is required for successful litigation. It highlights the issues with this process for women and people who give birth, in light of the significant number of negligence claims relating to obstetric care. The chapter considers the issues with how damage is framed in ‘wrongful pregnancy’ cases and offers a critique of the Bolam test for its gendered medical paternalism. Finally, the chapter addresses the broader issues with litigation as an adversarial and often unfair system that fails to tackle the systemic issues within medical care, particularly in relation to obstetric negligence, and does not provide adequate justice for patients.

Citation

Tongue, Z., Romanis, E. C., & Germain, S. (in press). Medical Negligence. In E. C. Romanis, S. Germain, & J. Herring (Eds.), Diverse Voices in Health Law and Ethics: Important Perspectives. Bristol University Press

• Deposit Date: Aug 15, 2024
• Publisher: Bristol University Press
• Peer Reviewed: Peer Reviewed
• Book Title: Diverse Voices in Health Law and Ethics: Important Perspectives
• Chapter Number: 6
• ISBN: 9781529236545
• Public URL: https://durham-repository.worktribe.com/output/2756307
• Publisher URL: https://bristoluniversitypress.co.uk/diverse-voices-in-health-law-and-ethics
• Contract Date: Apr 4, 2024