ABSTRACT

The medical profession in general has been put in the spotlight by very major events that were subject to intense media interest. Besides major sections devoted to clinical negligence and the duties of an expert medical witness, this chapter examines the two most common issues raised via a medical indemnity organization's helpline: consent and the doctor's duty of confidentiality. It discusses the criminal law and the role of the coroner as they are likely to apply to surgeons in their professional activities. Otolaryngologists may well have been concerned at the possibility that medical negligence actions in England and Wales will follow the pattern of the United States, and that the perceived increase in the number of actions may continue. However, with the reduction in the eligibility for legal aid, many actions that would have been funded by legal aid in the past will now have to be funded privately.