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)




Lewis and Buchan: Clinical Negligence


Book Description

This seventh edition provides guidance to the various stages through which claimants and their lawyers must progress in a claim for clinical negligence in the UK. Written in a clear and concise style, the book has been fully updated to take account of the various important developments in UK legislation and case law that have occurred since the previous edition. Practical and accessible, it provides practitioners with a structured background to the law. This information is supported by numerous UK case illustrations, plus a large amount of highly valuable practical guidance on procedure. It is a 'must-have' for all practitioners specializing in this complex area of the law. Contents include: causation in negligence * human rights and clinical negligence * damages * expert evidence * terms of duty of care * detention * the Mental Capacity Act 2005 * the NHS Redress Act 2006.




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)




Medicine, patients and the law


Book Description

Embryo research, cloning, assisted conception, neonatal care, saviour siblings, organ transplants, drug trials - modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book, now in its sixth edition, Margaret Brazier and Emma Cave provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The book has been fully revised and updated to cover the latest cases, from assisted dying to informed consent; legislative reform of the NHS, professional regulation and redress; European regulations on data protection and clinical trials; and legislation and policy reforms on organ donation, assisted conception and mental capacity. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law.




Clinical Problems in Dentistry


Book Description




Clinical Negligence


Book Description

Written in a clear, concise style, Clinical Negligence - A Practical Guide (titled 'Medical Negligence: A Practical Guide' in previous editions) is a highly readable guide to clinical negligence law, providing the reader with a structured background to the law supported by numerous case illustrations and valuable practical guidance on procedure.Fully revised and up-to-date, this book has evolved from 'Medical Negligence' by the same author, following the implemenation of the Civil Procedure Rules, changes in the Legal Aid system, the rise of Conditional Fee arrangements and the implementation of the Human Rights Act 1998, amongst other critical developments. A full survey and explanation of the radical new rules is given at every stage,The book is divided into two main parts. The first part on procedure deals with issues, such as the new funding rules, medical records, the role of experts and relevant issues up to and at trial. The second part on law sets out the principles of negligence and rules for recovery of damages and covers issues such as standard of care, causation, consent and Human Rights.




Mason and McCall Smith's Law and Medical Ethics


Book Description

This classic textbook has provided students of medical law and ethics with a framework for exploring this fascinating subject for over 30 years. This book provides extensive coverage and insight into recent judicial decisions and statutory developments across the United Kingdom alongside the authors' own opinion on current debates and controversies to help you to formulate your own views and arguments. The tenth edition has evolved to reflect changes in the law and shifting ethical opinions. In setting the UK context, it continues to take a comparative approach, including reference to the Scottish position where relevant. A specific chapter on the European dimension in health care and the particular importance attached to this shift in influence from transatlantic jurisdictions to those of the EU is included. Mason & McCall Smith's Law & Medical Ethics is essential reading for any serious medical law student or practitioner. Book jacket.




Mason and McCall Smith's Law and Medical Ethics


Book Description

This classic textbook focuses on medical law and its relationship with medical practice and modern ethics. Offering medical as well as legal facts, it provides thorough coverage of all of the topics found on medical law courses, and in depth analysis of recent court decisions, encouraging students to think analytically about the subject




The Law of Assisted Reproduction


Book Description

The Law of Assisted Reproduction, Second Edition examines the impact of the Human Fertilisation and Embryology Act 2008 (HFEA 2008) and the ongoing controversial issues that surround it from legal, ethical, moral, social and medical points of view. It also examines the contribution of Parliament in fashioning the legal provisions in the amended legislation. The second edition is updated to cover: - Abortion controversy and the current law in England and Wales - New case law on parentage of children born from IVF - ECHR case law concerning embryo research and fertility treatment - The Human Fertilisation and Embryology Act 1990 - the birth of the Human Fertilisation and Embryology Authority - The NHS IVF postcode lottery - Human Fertilisation and Embryology (Mitochondrial Donation) Regulations 2015 - The Supreme Court case (In the matter of an application by the Northern Ireland Human Rights Commission for Judicial - Review (Northern Ireland) [2018] UKSC 27) on NI abortion law compatibility with ECHR - Sarah Ewart case - Re Z (A Child: Human Fertilisation and Embryology Act: Parental Order) - Parillo v Italy - Re A and others (Human Fertilisation and Embryology Act) - Consideration of ECHR dimensions The second edition also contains new chapters on: - Abortion law developments in Northern Ireland and the Republic of Ireland - Controversies relating to fertility treatment, embryonic research and abortion - Three parent Children-Mitochondrial Donation - Consideration of the key changes to the Code of Practice, (9th Edition), January 2019 This is an essential title for practitioners in medical/healthcare law and ethics, as well as national and international law libraries and students.




Personal Injury Schedules


Book Description

"Personal Injury Schedules: Calculating Damages covers in one single volume all that the PI practitioner needs in order to calculate damages in a personal injury case. It provides a guide to the assessment of damages and presentation of schedules. The emphasis remains on the practical application of the rules and principles involved, covering a variety of claims ranging from the small to the catastrophic. Defendants are also catered for, with a substantial chapter on Counter-Schedules. The book contains comprehensive and up-to-date analysis of the relevant principles and case law in a practical handbook style with valuable advice on presentation and strategy, complimented by a raft of precedents. Its key strengths are its clear and structured presentation and calculation of difficult items of loss with checklists, bullet points and tables offering immediate solutions for the busy practitioner, who needs accurate information on a daily basis in the courtroom or the office. This new edition is fully updated to take account of the following developments resulting from case law since the last edition: Fatal Accident Act multipliers: Knauer v MOJ [2016] UKSC 9; Pre-existing conditions: Reaney v University Hospital of North Staffordshire [2015] EWCA Civ 1119; Residual earnings discount factors: Billett v MOD[2015] EWCA Civ 773; Review of the highest court award ever made: Robshaw v United Lincolnshire Hospitals NSH Trust [2015] EWHC 923 (QB); Developments in the approach to interim payment applications: Smith v Bailey [2014] EWHC 2569 (QB); Recoverability of credit hire claims: Brent v Highways & Utilities Construction & others [2011] EWCA Civ 1384; Opuku v Tintas [2013] EWCA Civ 1299; Zurich Insurance v Umerji [2014] EWCA Civ 357; Sobrany v UAB Transtira [2016] EWCA Civ 28; Fatal accidents and incompatibility with the ECHR: Swift v Secretary of State for Justice [2013] EWCA Civ 193; Periodical payment orders: RH v University Hospitals Bristol Foundation Trust [2013] EWHC 299 (QB); Wallace v Follett [2013] EWCA Civ 146; Striking out dishonest claims: Fairclough Homes Ltd v Summers [2012] UKSC 26; Assessment of multipliers when not constrained by the Damages Act 1996: Simon v Helmot [2012] UKPC 5; Assessment of life expectancy: Whiten v St George's Healthcare NHS Trust [2011] EWHC 2066 (QB)."--Bloomsbury Publishing.