9780632055494

The Practice Manager's Law Handbook A Ready Reference to the Law for Managers of Medical General Practices

by
  • ISBN13:

    9780632055494

  • ISBN10:

    0632055499

  • Edition: 1st
  • Format: Paperback
  • Copyright: 2000-12-19
  • Publisher: Wiley-Blackwell

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Supplemental Materials

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Summary

Awareness of the law is an essential part of any medical practice manager's role and is becoming even more important as patients and employees are becoming more litigation conscious. Every doctor in general practice must take note of the legal rights of different classes of people such as patients, employees, visitors to the surgery, and suppliers of goods and services to the practice, to ensure that these rights are not infringed in any way. Additionally the doctor must have a general knowledge of his/her own rights and how to seek redress when he/she is wronged.This handbook is designed to provide a practical guide to the law in easily understandable language and does not pretend to be a formal textbook on the law. It describes the main features of the law that are likely to impact a medical general practice, in a user-friendly well-illustrated fashion. Complex legal minutiae have been stripped away to help the non-lawyer gain an understanding of the law.

Table of Contents

List of figures
ix
Preface xiii
Part I An Overview of the Law 1(44)
Introduction to the Law
3(5)
Basic principles of the law
3(1)
Legal liability
3(5)
Administrative Law
8(18)
Administrative law
8(1)
The National Health Service
8(6)
Quality of health treatment
14(8)
The medical profession
22(2)
Judicial supervision of the National Health Service
24(2)
Criminal law
26(6)
Criminal law
26(3)
Crimes against the National Health Service
29(3)
Private or Civil Law
32(13)
General points
32(2)
The law of tort
34(1)
Negligence
34(5)
Insurance
39(1)
Contract law
39(6)
Part II The Law and the Practice as a Business Undertaking 45(42)
Partnership Law
47(5)
General points of partnership law
47(4)
The name of the practice
51(1)
Workplace Health and Safety
52(35)
Background to health and safety law
52(1)
Criminal law
53(15)
Other regulations applicable in general practice
68(7)
Employees' health and safety rights
75(1)
Enforcement of health and safety law
75(2)
Environmental protection law
77(1)
Civil law
78(6)
Insurance cover
84(3)
Part III The Law and Confidentiality 87(42)
Personal Data -- Protection and Access
89(16)
Background to data protection
89(1)
The Data Protection Act 1998
90(4)
The data controller
94(3)
The data subject
97(5)
Controls on data processing
102(3)
Confidentiality and Privacy
105(14)
Personal privacy
105(1)
The medical profession -- rules of confidentiality
106(2)
Lawful disclosure by a doctor
108(1)
Disclosure authorised by GMC
108(3)
Disclosure of medical records
111(1)
Disclosure in relation to legal proceedings
111(3)
Breach of confidentiality
114(3)
Disclosure made in the public interest
117(2)
The Security of Confidential Information
119(10)
Practical problems involved
119(6)
Future NHS information systems
125(1)
Use of e-mail
126(3)
Part IV Relations between Employers and Employees 129(84)
Contracts of Employment
131(31)
Employment law
131(1)
Employment tribunals
132(2)
Contracts of employment
134(7)
Particular classes of employees
141(2)
Changing circumstances of employer
143(1)
Termination of contract of employment
143(3)
Unfair dismissal
146(8)
Breach of contract by employer
154(2)
Breach of contract by employee
156(1)
Suspension from work
157(1)
Written statement of reasons for dismissal
157(1)
Character references
158(4)
Pay and Conditions of Work
162(25)
Wages law
162(1)
National minimum wage
163(2)
Tax credits
165(1)
Equal pay
165(2)
Regulation of working time
167(8)
Maternity leave, etc.
175(5)
Other leave and associated time off
180(2)
Authorised time off work
182(1)
Victimisation or suffering detriment
182(5)
Discrimination in Employment
187(16)
Discrimination -- general
187(1)
Sex and race discrimination
188(5)
Harassment
193(3)
Disabled persons
196(5)
Discrimination because of age
201(1)
Part-time employees
201(1)
Convicted persons
201(2)
Trade Unions, Disciplinary and Grievance Procedures
203(10)
Trade unions and their recognition
203(3)
Disciplinary matters
206(6)
Grievance procedures
212(1)
Part V Consumer Protection and Product Liability Law 213(14)
Consumer Protection and Product Liability
215(12)
Consumer protection -- general points
215(1)
Medicines Act 1968
216(4)
Controlled drugs
220(2)
Civil liability
222(5)
Part VI Deaths, Coroners and Mental Health Law 227(22)
Sudden Deaths and the Coroner
229(10)
Deaths in the home
229(5)
Coroners
234(2)
Inquests
236(3)
Mental Health Law
239(10)
Terms used in mental health law
239(2)
Access to hospital or other location
241(5)
The Mental Health Act -- other matters
246(1)
The Human Rights Act 1998
246(3)
Appendix A Legal Authorities 249(10)
Statutes, Regulations, etc.
251(3)
Case Decisions
254(5)
Appendix B Getting Further Information on Legal Matters 259(8)
Sources of Information
261(6)
Index 267

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