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J Law Med ; 28(1): 54-67, 2020 Dec.
Article in English | MEDLINE | ID: mdl-33415890

ABSTRACT

With the increasing role of technology in health care the clinical environment is becoming more complex and it is important to recognise that there is now a significant commercial player on the clinical stage. The relationship between the patient and the manufacturers/distributers of this technology is not a clinical one, neither is it necessarily a traditional consumer one as there is an absence of direct interaction. When the patient suffers harm as a result of faulty technology, they understandably seek recompense for that harm; and while the traditional approach of negligence law is open to them, there is also a role for consumer law. This column explores three high-profile decisions in which consumer law was applied to instances of patient harm and asks the question whether, at the intersection of technology and health care, consumer law represents a shift in focus, a panacea or a confounder.


Subject(s)
Delivery of Health Care , Malpractice , Health Facilities , Humans , Technology
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