Tortious Liability in United Kingdom
Please read the blog on 'No Fault System' (8 October 2017) before going into the following Q&A. Q. Might we be about to move into an era of 'excessive risk disclosure'? Would this necessarily be worse than the alternatives? A. It might not be excessive, e.g. a perfectly normal individual without pre-existing diseases, you can disclose less. As long as it is tailored according to the patient's needs. Q. Do you consider that a system of no fault compensation would be a more att
Theoretical Aspects of Risk Perception
Strengths and Weaknesses of approaches to risk perception: Strengths Weaknesses Psychology Approach sorting and simplifying biases in comprehension Sociology Approach each way of life corresponds - constrained & circumscribed to a specific social structure in their social role and a particular outlook on - tighter binding of social risk
Theoretical Aspects of Risk Perception
Risk perception is the subjective judgment that people make about the characteristics and severity of a risk with reference to health. Three major theories developed in its approach:- 1. Psychology approaches (heuristics and cognitive) - heuristic means enabling a person to discover or learn something for themselves; - this approach is related to positive and negative emotion. 2. Anthropology / sociology approaches (cultural theory) - based on ways of life including hierarchi
Theoretical Aspects of Regulation
Public Interest Theories The purpose of the regulation is to achieve certain publicly desired results in circumstances where the market would fail to yield these (market failure). Interest Group Theories The regulatory developments are driven by the pursuit of public interest but by particularistic concerns of interest groups. This approach has most prominently been associated with the so-called 'economic theory of regulation'. The economic theory of regulation builds on the
Key Laws or Regulations in the UK health setting
Health and Social Care Act 2012 It allows the bodies to have due regard to reducing health inequalities between the people of England. Equality Act 2010 To integrate consideration of the advancement of equality into the day-to-day business of all bodies subject to the duty. Social Value Act 2012 It allows local authorities and health sector bodies to consider economic, social and environmental wellbeing in procurement of services or contracts. Creating social value has clear
The regulation of risks in human subject research
Risks are regulated in the way that all human researches should be based on three ethical principles:- 1. Respect for persons: - the requirement to acknowledge autonomy and the requirement to protect those with diminished autonomy; - protect those who are incapable of self-determination e.g. mental disability; - enter the research voluntarily and provide with adequate information; - not to coerce. 2. Beneficence: - to secure their well-being; - do not harm, minimize possible
Research v Experiment
Research The systematic investigation into and study of materials and sources in order to establish facts and reach new conclusions. Therapeutic Research - enroll patients and provide specific treatment to the patients. Non-therapeutic Research - one which unlikely to produce any direct benefit to the participants involved. Experiment A scientific procedure undertaken to make a discovery, test a hypothesis, or demonstrate a known fact. The justifications for research and expe
The Challenges of DIGNITAS in the Future - Part 3: Mentally Competent old-agers
There has been a significant increase in life expectancy: in fact, it has almost doubled over the last 100 years. If, after very careful reflection, a mentally competent individual of a great age feels that he or she has lived enough, in the sense of "it's been long and good life but now I would like to rest, thank you', on what grounds could we reject this person's rational wish for a safe and assisted end in life? This is, again, a legal question which soon will be clarifie