Legal medicine in the administration of health care

Research output: Chapter in Book/Report/Conference proceedingChapter (Book)Otherpeer-review


Health services management encompasses broad areas that are covered by allaspects of the law. This chapter is divided into three components that make upa health system, namely, patients, staff, and hospitals. Under patients, the authordiscusses the duty of care of medical administrators to patients and the recent tortlaw reforms. Complex ethical and legal issues that medical administratorsgrapple with such as consent (including human tissue donation), advance caredirectives, end-of-life matters, and withdrawal of treatment are reviewed. Theimpact of the Charter of Human Rights on public hospitals, unique to Victoria,and the issue of wills and testamentary capacity are also covered in this section.Under staff, the author looks at public hospital medical indemnity, health professional registration and credentialling, the complexity of health industrial relations, and the potential effects of the upcoming national occupational health and safety uniform laws. Under hospitals, the implications of the new national health reforms and the significance of the current National Healthcare Agreement are reviewed. The author also discusses qualified privilege and statutory immunity, the national sentinel event program, and issues relevant to the coroner’s court. The role of the health services commission, current whistleblowers legislation, and governmental standards that apply to procurement and tendering processes in public hospitals are looked at. Lastly, the author briefly discusses the relevant law that relates to medical records.
Original languageEnglish
Title of host publicationLegal and Forensic Medicine
EditorsRoy G. Beran
Place of PublicationBerlin Germany
Pages197 - 222
ISBN (Electronic)978-3-642-32338-6
ISBN (Print)978-3-642-32337-9
Publication statusPublished - 2013
Externally publishedYes

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