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Law, Psychiatry and psychology : a selection of constitutional, medico-legal and liability issuesSwanepoel, Magdaleen 30 June 2009 (has links)
The purpose of this thesis is to develop a comprehensive process for identifying and addressing primarily constitutional, medico-legal and liability issues, and in addition ethical, social and scientific issues related to the psychiatric and psychology professions in South Africa. In fulfilling this purpose, a comprehensive search is conducted of relevant historical, ethical, philosophical and clinical aspects pertaining to psychiatry and psychology, as well as an evaluation of the current juridical framework regarding the legal liability of the psychiatrist and psychologist balanced against the constitutional rights of the mentally disordered patient in South Africa. Recommendations are made for the establishment of any new controls needed to mitigate and prevent the exposure of mentally disordered patients, further attempting to provide specific remedies to adapt the current juridical framework in South Africa. The examination is conducted within the framework of the South African and United Kingdom's legal systems. Focus is placed on aspects of medical law, human rights law (as envisaged in the Bill of Rights in the Constitution of the Republic of South Africa, 1996), criminal law and the law of delict and, to a lesser extent, administrative law and the law of evidence. / Law / LL.D.
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The law of malpractice liability in clinical psychiatry : methodology, foundations and applicationsSteyn, Carel Roché 11 1900 (has links)
As a point of departure in this inherently interdisciplinary
endeavour, the concept "Holistic Multidisciplinary Management"
("HMM") is introduced a.s a macrocosmic adaption of principles of
project management. In line with HMM, a number of submissions
regarding terminology and definitions in the interdisciplinary
context of medicine (and particularly clinical psychiatry) and
law, are made, and the foundations of medical malpractice are
examined.
Building on the various foundations laid, specific types of
conduct that can constitute clinical-psychiatric malpractice, are
addressed. A common theme that emerges in the various contexts
covered, is that the psychiatrist must negotiate various
proverbial tightropes, involving inter alia tensions between
restraint and freedom, excessive and insufficient medication,
becoming too involved and not being involved enough with clients,
as well as client confidentiality and the duty to warn third
parties.
It is concluded that law and medicine. must work harmoniously
together to establish appropriate balance. This can be achieved
only if mutual understanding and integrated functioning are
promoted and translated into practice. / Law / LL.M.
|
3 |
Law, Psychiatry and psychology : a selection of constitutional, medico-legal and liability issuesSwanepoel, Magdaleen 30 June 2009 (has links)
The purpose of this thesis is to develop a comprehensive process for identifying and addressing primarily constitutional, medico-legal and liability issues, and in addition ethical, social and scientific issues related to the psychiatric and psychology professions in South Africa. In fulfilling this purpose, a comprehensive search is conducted of relevant historical, ethical, philosophical and clinical aspects pertaining to psychiatry and psychology, as well as an evaluation of the current juridical framework regarding the legal liability of the psychiatrist and psychologist balanced against the constitutional rights of the mentally disordered patient in South Africa. Recommendations are made for the establishment of any new controls needed to mitigate and prevent the exposure of mentally disordered patients, further attempting to provide specific remedies to adapt the current juridical framework in South Africa. The examination is conducted within the framework of the South African and United Kingdom's legal systems. Focus is placed on aspects of medical law, human rights law (as envisaged in the Bill of Rights in the Constitution of the Republic of South Africa, 1996), criminal law and the law of delict and, to a lesser extent, administrative law and the law of evidence. / Law / LL.D.
|
4 |
The law of malpractice liability in clinical psychiatry : methodology, foundations and applicationsSteyn, Carel Roché 11 1900 (has links)
As a point of departure in this inherently interdisciplinary
endeavour, the concept "Holistic Multidisciplinary Management"
("HMM") is introduced a.s a macrocosmic adaption of principles of
project management. In line with HMM, a number of submissions
regarding terminology and definitions in the interdisciplinary
context of medicine (and particularly clinical psychiatry) and
law, are made, and the foundations of medical malpractice are
examined.
Building on the various foundations laid, specific types of
conduct that can constitute clinical-psychiatric malpractice, are
addressed. A common theme that emerges in the various contexts
covered, is that the psychiatrist must negotiate various
proverbial tightropes, involving inter alia tensions between
restraint and freedom, excessive and insufficient medication,
becoming too involved and not being involved enough with clients,
as well as client confidentiality and the duty to warn third
parties.
It is concluded that law and medicine. must work harmoniously
together to establish appropriate balance. This can be achieved
only if mutual understanding and integrated functioning are
promoted and translated into practice. / Law / LL.M.
|
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