When patients behave badly: Consent, breach of the duty of care and the law
Kelly, Anne-Maree, Cockburn, Tina, & Madden, William (2021) When patients behave badly: Consent, breach of the duty of care and the law. EMA - Emergency Medicine Australasia, 33(1), pp. 172-174.
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Description
Patients who are abusive or aggressive in ED raise special clinical and legal challenges. These include what steps clinicians should take to exclude serious illness/injury as the cause of the behaviour and when investigations or treatments can be imposed on these patients without their consent. Using a case illustration, this paper discusses legal issues which arise in this context, including how the standard of care owed by clinicians is determined and what may constitute a breach of duty; such patients' right to consent to (or decline) tests and treatment; and when clinicians may lawfully act without consent and/or control the patient's behaviour.
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| ID Code: | 206872 | ||||
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| Item Type: | Contribution to Journal (Journal Article) | ||||
| Refereed: | Yes | ||||
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| Measurements or Duration: | 3 pages | ||||
| Keywords: | behavioural disturbance, Medicolegal, negligence, restraint, trespass | ||||
| DOI: | 10.1111/1742-6723.13692 | ||||
| ISSN: | 1742-6731 | ||||
| Pure ID: | 73175756 | ||||
| Divisions: | Current > Research Centres > Australian Centre for Health Law Research Current > Research Centres > Centre for Healthcare Transformation Current > Research Centres > Australian Centre for Health Services Innovation Current > QUT Faculties and Divisions > Faculty of Business & Law Current > Schools > School of Law Current > QUT Faculties and Divisions > Faculty of Health |
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| Copyright Owner: | 2020 Australasian College for Emergency Medicine | ||||
| Copyright Statement: | This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the document is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recognise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to qut.copyright@qut.edu.au | ||||
| Deposited On: | 07 Dec 2020 23:05 | ||||
| Last Modified: | 14 Mar 2025 08:18 |
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