Affiliations: School of Law, The University of Sheffield, Sheffield, UK
Note: [] Address for correspondence: Q. Huang, Guangdong Jiahui Law Firm, 85 Huagangdadao, Huadu District, Guangzhou, Guangdong 510800, P. R. China. Tel.: +86 137 1411 0245; E-mail: [email protected].
Abstract: This essay, using case studies from an interdisciplinary approach to medicine, clinical risk management and the law, explores the interrelationship between unreasonable clinical risk and medical negligence (prevention) under the law of negligence. For this purpose, the essay analyzes the judgment criteria of predictability and preventability of clinical risk, discusses suitable evidence for the determination of reasonable/unreasonable clinical risk, sums up the conditions for the transformation from reasonable clinical risk to unreasonable clinical risk, and presents unreasonable clinical risk in medical processes. The paper is aimed at both healthcare providers and legal professionals. It aims to raise the study of the relationships between clinical risk management and the law to a higher level.
