1. LEGAL ISSUES IN
OBS/GYNAECOLOGY
M ARSHAD HUSSAIN
(FRCOG)

2. LEGAL ISSUES IN
OBS/GYNAECOLOGY

CONSENT
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Right to protect own body
Consent even for minor treatment
Failure to do constitute battery (Assault in
Scotland)
Exceptions: Emergency/Unconscious pt
Implied (Rolling up a sleeve for blood test)
Expressed (Written or Oral)
How much information
Argue against general tick list (Sterilisation)

3. LEGAL ISSUES IN
OBS/GYNAECOLOGY

Medical Negligence
 Increase
no of litigation claims
 Difficult in UK to be successful
 Practical difficulties in linking
injury of the plaintiff (Pursuer) to
medical treatment
 Courts still allow the standard of
care to be defined by medical
profession

4. LEGAL ISSUES IN
OBS/GYNAECOLOGY

Medical Negligence
Hunter vs Hanley 1955 SC 200
 Bolam vs Friern Hospital Management
Committee 1957
 Vicarious liability
 MN to be successful
 Doctor owed the pt a duty of
care
 Doctor was in breach of that
duty
 Patient suffered harm as a
consequence of that breach


5. LEGAL ISSUES IN
OBS/GYNAECOLOGY

Confidentiality
Hippocratic Oath
 Exceptions to confidentiality (GMC,
1995)
 Emergency situations
 Health or safety of others is at
risk
 Pt’s best interest
 Told pt before confidentiality is
breached


6. LEGAL ISSUES IN
OBS/GYNAECOLOGY
 Feto-maternal
 If
conflict
something goes
wrong

7. LEGAL ISSUES IN
OBS/GYNAECOLOGY
 Feto-maternal
 If
conflict
something goes
wrong