Patients behaving badly: Balancing duty of care and trespass to the person

, , & (2021) Patients behaving badly: Balancing duty of care and trespass to the person. In Medico Legal Congress, 2021-03-22 - 2021-03-23, Sydney, Australia, AUS.

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Patients behaving badly – Balancing duty of care and trespass to the person
It is uncontested that ED staff owe a duty of care to patients who are aggressive or violent but what constitutes a breach of that duty is less clear. Sometimes ED staff restrain and sedate aggressive patients against their will in order for tests to rule out serious illness to be done or for time to elapse and diffuse the situation. But could such action, in certain circumstances, be trepass to the person or false imprisonment? What would be the ‘reasonable’ steps a clinician should take before deciding a course of action

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ID Code: 210156
Item Type: Contribution to conference (Paper/Presentation)
Refereed: No
ORCID iD:
Kelly, Anne-Mareeorcid.org/0000-0002-4655-5023
Cockburn, Tinaorcid.org/0000-0002-4685-8075
Measurements or Duration: 24 pages
Keywords: health law, patient safety, medico legal risk, medical negligence, mental health, Emergency medicine
Pure ID: 82970838
Divisions: Current > QUT Faculties and Divisions > Faculty of Business & Law
Current > Schools > School of Law
Copyright Owner: Consult author(s) regarding copyright matters
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Deposited On: 07 May 2021 06:28
Last Modified: 01 Mar 2024 03:22