Call to apply for PhD/Early Career Scholars bursaries to attend/present in ESRC Medico-Legal Seminar series: ‘Liability v Innovation: Unpacking Key Connections 2015-2017’

“In medico-legal literature two related claims are common: that the threat of legal liability for medical mishaps causes defensive medicine, and that in particular it stifles innovation. Both claims are supported by anecdotal experience of researchers and clinicians. However, the extent of the problem within and outside the UK is disputed. Moreover, the Bolam-Bolitho test determining the scope of clinical liability in England – excluding liability for clinical decisions backed as proper by a responsible body of skilled medics unless such practice is illogical – is arguably problematic in terms of the incentives given to engage in innovative and cutting edge treatment. An innovative treatment is by definition less likely to be in accordance with accepted practice. So while policy-makers encourage and pay considerable lip service to innovation, tort law might give the opposite incentive to clinicians …” (more)

First posted 2015-09-25 12:07:52

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