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.




Clinical Negligence


Book Description

This new text is a comprehensive guide to investigating and litigating clinical negligence claims, written by two leading practitioners in the field. Aimed particularly at practitioners who are looking to develop their practice in this complex and often emotive area, the book provides a general overview of the law relating to clinical negligence, and focuses on the practical aspects of running a claim. Structured chronologically, the book looks first at the relevant law of negligence and limitation, then at key preliminary matters, including exploring complaints and disciplinary procedures, the possibility of early settlement, risk analysis, limitation, and costs. It goes on to provide detailed guidance on the investigation process as to whether a claim is viable, and to cover every aspect of clinical negligence litigation from the pre-action protocol and issuing proceedings, to managing witnesses and expert evidence, damages, and trial. Practical, user-friendly guidance is included throughout the text on client care, maintaining effective relationships between solicitors and counsel, case management, and procedure. The book details the particular considerations and difficulties that apply to clinical negligence that distinguish it from other personal injury litigation, such as the development of the law of negligence in the field, the technical complexity of the evidence, and risk analysis. It also describes the external organisations that provide the context to the area, and the business considerations that must be understood if the work is to be undertaken profitably, including guidance on funding (Legal Services Commission, private and Conditional Fee Agreement) and insurance. Specific issues of difficulty, such as the differences between public and private sector defendants, are covered in full, and there are sections on particularly complex topics that can arise in practice such as fatal cases, hospital-acquired infections, and cost of upbringing cases. The text is complemented by a useful precedents section, which is organized in a thematic way to ensure ease of reference. Co-written by a solicitor and a barrister, the book benefits from their differing perspectives and experiences of the litigation process which ensures that all crucial elements of case preparation and presentation, and the relevant law and practice are covered in a clear and logical way. Clinical Negligence: A Practitioner's Handbook will be invaluable to junior solicitors and barristers working in the field, practitioners with a working knowledge of personal injury law who are beginning to develop a clinical negligence practice, medical professionals with an interest in medico-legal issues, and relevant legal and voluntary sector organisations.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




A Practical Guide to the Law of Medical Treatment Decisions


Book Description

For our most life-changing decisions, this is a practical guide to the law and how it really works, written to be accessible not only for lawyers, but also for clinicians, patients and anyone concerned about them.




A Practical Guide to Clinical Negligence - 2nd Edition


Book Description

The second edition of this book provides practical guidance to practitioners across 8 chapters covering proportionate case preparation, evidential analysis, negotiation style all illustrated with reported case law.




Solicitors' Duties and Liabilities


Book Description

Providing a comprehensive guide to the duties and liabilities of solicitors, this book takes an analytical approach and provides an analysis of the statute and case law. Where appropriate, there are cross references to the Law Society's conduct rules.




Practical Approach to Electroencephalography


Book Description

Why consult encyclopedic references when you only need the essentials? Practical Approach to Electroencephalography, by Mark H. Libenson, MD, equips you with just the right amount of guidance you need for obtaining optimal EEG results! It presents a thorough but readable guide to EEGs, explaining what to do, what not to do, what to look for, and how to interpret the results. It also goes beyond the technical aspects of performing EEGs by providing case studies of the neurologic disorders and conditions in which EEGs are used, making this an excellent learning tool. Abundant EEG examples throughout help you to recognize normal and abnormal EEGs in all situations. - Presents enough detail and answers to questions and problems encountered by the beginner and the non-expert. - Uses abundant EEG examples to help you recognize normal and abnormal EEGs in all situations. - Provides expert pearls from Dr. Libenson that guide you in best practices in EEG testing. - Features a user-friendly writing style from a single author that makes learning easy. - Examines the performance of EEGs—along with the disorders for which they're performed—for a resource that considers the patient and not just the technical aspects of EEGs. - Includes discussions of various disease entities, like epilepsy, in which EEGs are used, as well as other special issues, to equip you to handle more cases.




A Practical Guide to the Small Claims Track - 2nd Edition


Book Description

"... learned, practical, readable and useable. ... essential reading not only for litigants in person, but for all practitioners who handle small claims ... the judges of the county court (whether salaried or fee-paid) would benefit considerably by reading this book and keeping it by their side ... an excellent book." Foreword to the second edition by His Honour Judge Dight CBE Senior Chancery Circuit Judge Resident & Designated Civil Judge Central London and Mayor's & City of London Courts Lead Diversity and Community Relations Judge "A comprehensive and practical guide to the Small Claims Track. Dominic Bright has set out a clear and extensive guide which will be invaluable to all practitioners who deal with Small Claims; as well as those in the voluntary sector, who assist Litigants in Person." - District Judge & Recorder Pollard South Eastern Circuit "The second edition of A Practical Guide to the Small Claims Track continues to be essential reading for all those involved in conducting small claims. Written in a clear, accessible style, Dominic Bright's detailed yet concise guide sheds light on all aspects of the small claims procedure. With up-to-date information on changes in practice precipitated by the Covid-19 pandemic, this book is an invaluable resource particularly for litigants in person and those who are unfamiliar with the court process." - District Judge Dias South Eastern Circuit "In this book, Dominic Bright has managed to produce a detailed and comprehensive guide to dealing with all aspects of a case in the small claims track which is both easy to understand and to navigate. Although small claims cases are normally for less than £10,000, the amounts claimed and in dispute can still be life changing for parties. The book will assist practitioners and litigants in person in preparing and presenting cases in the best and most effective way." - District Judge James Britton Western Circuit "Mr Bright has written a thorough, detailed yet easy to follow guide to all using the small claims procedure in the County Court. It will be an invaluable aide to litigants in person, practitioners and the newly appointed District Judge, and I cannot commend it highly enough." - District Judge Bishop South Eastern Circuit ABOUT THE AUTHOR Dominic is a barrister at Lamb Chambers, registered civil and commercial mediator at Resolved Online, and former judicial assistant to Sir Brian Leveson, then President of the Queen's Bench Division. His recent articles include: 'COVID-19, International Commercial Contracts & "Breathing Space" Further Encouraging ADR; Developing Common Law Doctrines; & An Implied Term of Good Faith'; 'UK Autonomous Sanctions System: Substantial Increase in the Costs of Compliance'; and 'Climate Change & the Judiciary: Europe; the United States; & the Indian Subcontinent'. He is a member of the British Institute of International and Comparative Law, Chatham House, Civil Mediation Council, Commercial Bar Association, Property Bar Association, and Technology and Construction Bar Association.




A Practical Guide to the Landlord and Tenant Act 1954


Book Description

The Landlord and Tenant Act 1954 is by far the most important piece of legislation affecting premises occupied for business purposes. A good understanding of the workings of the Act is vital for anyone advising landlords or tenants of business premises. The authors of this guide are both experienced barristers with expertise in the field. Their aim has been to produce a comprehensive, one-stop-shop, practical guide to the 1954 Act and associated areas of practice covering (amongst other topics): When the Act applies How to contract out of the Act How claims for a new tenancy (or termination) are brought, together with detailed guidance as to the court procedures required by the Civil Procedure Rules Detailed practical guidance to all the grounds on which a landlord may seek to resist a claim for a new tenancy, with treatment of recent case law and Guidance as to the technical area of claims for an interim rent Notices under the Act and guidance in relation to service The terms of a new tenancy Claims for compensation for improvements under the Landlord and Tenant Act 1927 Dilapidations Termination at common law This book is likely to be an invaluable guide for solicitors, barristers or surveyors working in this area. CHANGES SINCE THE FIRST EDITION The text since the first edition has been reviewed and fully updated. The chapters on Ground F and Ground G have been revised to reflect the important Supreme Court decision in S Franses Ltd v Cavendish Hotel (London) Ltd [2018] UKSC 62. The chapter on contracting out of the provisions of sections 24 to 28 of the Landlord and Tenant Act 1954 now includes a discussion of TFS Stores Ltd v Designer Retail Outlet Centres (Mansfield) General Partner Ltd [2021] EWCA Civ 688. The chapter on forfeiture has been significantly amended to include recent developments in the law, including the Court of Appeal decisions in Faiz v Burnley BC [2021] EWCA Civ 55 and Brar v Thirunavukkrasu [2019] EWCA Civ 2032. The decision in Fast Drinks Ltd v Cetyl International Group Inc [2016] EWHC 3501 (QB) on the validity of Section 26 notices has been incorporated. Throughout, the authors have included reference to recent High Court and other first instance or appellate decisions since the first edition, as well as revising and clarifying other parts of the text to reflect the new authorship team.




A Practical Guide to New Build Conveyancing


Book Description

The UK is one of the few countries in the world where home ownership really strikes a chord with the population like no other. As the population grows then the only way to house them is to build more new property. This in itself has become a niche area of law. Many lawyers shy away from it due to the time pressure often placed and different nuances to already existing property. This book provides a practical guide for practitioners on how to approach such matters based on the writers' practical experience of dealing with these niche areas of law and their experience from running seminars on the topic for other lawyers across England and Wales. Planning, new homes warranties and the now infamous Help to Buy scheme will all be considered from a pragmatic perspective. ABOUT THE AUTHORS Paul Sams is a practicing property Solicitor actively involved in residential, residential and commercial development with niche specialisms in leasehold enfranchisement matters plus equity release. Rebecca East is a practicing Solicitor handling all aspects of residential conveyancing particularly new build purchases and equity release. CONTENTS Chapter One - Introduction Chapter Two - What Is "New Build Conveyancing"? Chapter Three - Planning and Building Regulations Chapter Four - New Homes Warranties Chapter Five - Searches Chapter Six - Mortgages Chapter Seven - Help to Buy Chapter Eight - Estate Charges Chapter Nine - Completion Chapter Ten - Conclusion