Impact Of The Human Rights Act 1998 On Clinical - 1924 Words

Impact of the Human Rights Act 1998 on clinical (medical) negligence Tort law is a considerably old branch of English law, covering a wide range of areas within such as defamation, nuisance, trespass and, most importantly, negligence. The latter set out the modern concept of negligence by means of Donoghue v Stevenson [1932] AC 562. Furthermore, in twentieth century a number of fundamental elements were established in negligence, elevating its significance above all other areas of tort law. Most problematic and difficult subgroup of negligence is clinical negligence, where doctor are held to another standards. Nonetheless, the old foundations were disturbed by the enforcement of the Human Rights Act 1998, which was a successful attempt to incorporate the European Convention of Human Rights into English domestic law. It is applied directly or indirectly into many areas of law, clinical negligence in torts in particular, adding multiple complications as it has to comply with the new Act. The influence of the HRA is yet to be fully researched professiona lly and amended. In attempt to explore the impact of the HRA 1998 on clinical negligence this essay examines the reasons for integration of the HRA and issues it came with and compares various types of negligence, liability of public authorities and remedies before and after the HRA came into force. The main difference between the HRA and the ECHR is that the former is the domestic legislation and the latter is an internationalShow MoreRelatedThe Ethics Of Mental Health Nursing1596 Words   |  7 Pagesof mental health nursing, I intend to demonstrate how clinical decision making mental health nursing is formulated based on the chosen moral principles of beneficence, non-maleficence and ‘respect for autonomy’ (NHS, 2015). 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