Clinical Negligence Made Clear


Book Description

Clinical Negligence claims currently cost the NHS over £2 billion every year. Litigation is time-consuming, expensive and stressful for all involved. For those whose lives have been changed dramatically as a result of negligent medical treatment, bringing a claim may be the only means of obtaining redress for the harm done to them. But the process of litigation can be a bewildering and sometimes hostile experience. For many healthcare professionals the fear of litigation is a real concern and there is deep anxiety that litigation contributes to an unhealthy, even dangerous culture of blame. Clinical Negligence Made Clear: A Guide for Patients and Professionals is an attempt by one the country’s leading clinical negligence practitioners to help all those who might be affected by such cases to understand what is involved and thereby to reduce the cost and emotional impact of clinical negligence litigation. In concise, accessible language Nigel Poole QC charts how clinical negligence has evolved, its place within the justice system and how compensation is assessed explains ten core legal principles of clinical negligence such as the doctor’s duty of care and the standards expected of healthcare professionals sets out how a claim proceeds and what happens before and during a trial focuses on specific common areas of clinical negligence claims such as wrongful birth, delays in cancer treatment and cosmetic surgery looks to the future and asks whether the current system is sustainable The aim is to provide an intelligent but accessible guide for patients, doctors, nurses, therapists, expert witnesses, and healthcare managers so that those caught up in legal proceedings have a realistic view of the impact they will have and a clearer understanding of when a dispute might be best resolved early. No doubt it will also provide a lively introduction to the subject for students, trainees and lawyers looking to move into clinical negligence work.




The Effective and Efficient Clinical Negligence Expert Witness


Book Description

This book includes a wide range of tried and tested practical methods and techniques, which every clinical negligence expert witness will find invaluable.




Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie


Book Description

Professor Robert Rennie has been one of the most influential voices in Scots private law over the past thirty years. Highly respected as both an academic and a practitioner, his contribution to the development of property law and practice has been substantial and unique. This volume celebrates his retirement from the Chair of Conveyancing at the University of Glasgow in 2014 with a selection of essays written by his peers and colleagues from the judiciary, academia and legal practice. Each chapter covers a topic of particular interest to Professor Rennie during his career, from the historical development of property law rules through to the latest developments in conveyancing practice and the evolution of the rules of professional negligence. Although primarily Scottish in focus, the contributions will have much of interest to lawyers in any jurisdiction struggling with similar practical problems, particularly those with similar legal roots including the Netherlands and South Africa. As a whole, the collection is highly recommended to students, practitioners and academics.




Clinical Negligence


Book Description

This edition covers all aspects of medical negligence claims. It identifies difficulties in bringing an action for damages, shows how to prepare the medical evidence on liability, and provides guidance on presenting expert evidence in court.




Clinical Negligence


Book Description

Clinical Negligence, Fifth Edition remains the only text of its kind to cover both medical and legal aspects of medical negligence. Written by a team of 54 experts, it continues to provide the most comprehensive and authoritative guidance on all aspects of clinical negligence claims from bringing an action for damages to presenting expert evidence in court. It also includes detailed consideration of funding and cost implications.Those needing clear updated guidance to make the best possible preparations for an action will find all they need here.Updates in the fifth editionSome of the key developments covered in the new edition are:New funding regime under Legal Aid, Punishment and Sentencing of Offenders Act 2012Montgomery v LanarkshireThe Mid Staffordshire NHS Foundation Trust Public Inquiry ("Francis Report")Sienkievicz v Greif Bailey v Ministry of Defence on causationWhetstone v MPS and Woodland v Essex County Council on liability of practicesPrivatisation of funding access to justice in clinical negligenceNew costs regime (QOWCS) under Civil Procedures RulesCoroners and Justice Act 2009 and secondary legislationEasy-to-access structureThe new edition maintains its easy-to-access, two-part structure. The first part, set out in 17 chapters, deals with legal aspects of medical malpractice, including complaints procedures, poor performance and medical professional governance, preparation of medical evidence, settlements and trial. The final 25 chapters in the second part cover the risks associated with particular areas of specialist medical practice. Previous print edition ISBN: 9781847660756




Professional Negligence Litigation in Practice


Book Description

Professional Negligence Litigation in Practice has been specifically written to provide students with a detailed introduction to the complex legal issues surrounding professional negligence disputes. Concentrating on two specific areas of professional negligence; clinical negligence and solicitors' negligence, this manual examines and provides practical guidance on how such a case might be most effectively prepared and presented. Split into five distinct parts; the first part of the manual covers selected areas of the substantive law as it relates to professional negligence, namely clinical negligence and solicitors' negligence. Part II deals with the crucial procedural aspects relating to professional negligence cases, building on students' existing knowledge of the Civil Procedural Rules and examining the pre-action protocols and the role of the case management conference. Part III reflects the pragmatic approach adopted by the manual, and has been specifically designed to develop students' drafting skills to the advanced level required in professional negligence cases, and considering in particular the various stages associated with drafting Particulars of Claim and a Defense. Part IV equips students with a guide to the various legal principles, rules, practice directions, codes of guidance, and other sources, which govern the collection, preparation, and delivery of expert and non-expert evidence in clinical and solicitors' negligence cases. The final part of the manual focuses on providing students with an introduction to the key people and bodies whom they will commonly encounter in this area of practice. It also provides consideration of the availability and impact of funding arrangements on professional negligence cases and alternative dispute resolution. This manual will be an invaluable guide for students wishing to practice in civil common law chambers, particularly in the areas of professional negligence or personal injury.




Clinical Negligence


Book Description

"Written by a team of 70 legal and medical practitioners, Powers and Harris: Clinical Negligence provides exhaustive coverage of all aspects of clinical negligence claims. It identifies the practical difficulties in bringing an action for damages, to show how to prepare the medical evidence on liability, complete the medical reports on quantum and provides guidance on the best way of presenting expert evidence in court. The book examines the legal aspects of medical malpractice including complaints procedures, the powers of the General Medical Council, preparation of medical evidence, group actions, settlements and trial. It also addresses the medical issues, covering the risks associated with particular areas of specialist medical practice."




Clinical Guidelines and the Law


Book Description

Guidelines are powerful instruments of assistance to clinicians, capable of extending the clinical roles of nurses and pharmacists. Purchasers and managers perceive them as technological tools guaranteeing treatment quality. Guidelines also offer mechanisms by which doctors and other health care professionals can be made more accountable to their patients. - But how can clinicians tell whether a guideline has authority, and whether or not it should be followed? - Does the law protect doctors who comply with guidelines? - Are guideline developers liable for faulty advice? This timely book provides a comprehensive and accessible analysis of the many medical and legal issues arising from the current explosion of clinical guidelines. Featuring clear summaries of relevant UK, US and Commonwealth case law, it is vital reading for all doctors, health care workers, managers, purchasers, patients, and lawyers.




Lewis and Buchan: Clinical Negligence – A Practical Guide


Book Description

Professional negligence cases are a minefield and clinical negligence cases are no exception. Providing invaluable advice from the leading experts in the field for each stage in a claim for clinical negligence. Full analysis of the relevant governing procedures and principles is provided, plus issues of funding and costs, including complaints procedures and procedures in the Court of Protection, as well as the interplay with human rights and the role of expert witnesses. The Eighth Edition ensures that practitioners maintain a progressive edge by providing useful precedents such as the latest model directions, instructions for experts and draft agendas for experts. It contains a new chapter on product liability and a separate Welsh chapter. It also includes coverage of the more than 250 reported cases concerning clinical negligence since the last edition. This includes: 2 in the Supreme Court 36 in the Court of Appeal - Civil Division 226 in the Queen's Bench Division 20+ in the county courts These cases cover a wide range of subjects from causation and breach of duty through to specifics relating to life expectancy and wrongful birth. An invaluable resource for all those involved in clinical negligence cases including personal injury and medical law solicitors, barristers and the judiciary. Medical doctors and legal advisors in NHS trusts will also find this a helpful guide. “This is a first class book, which provides a scholarly account of clinical negligence law”. Journal of Professional Negligence (Review of a previous edition)