A Practical Guide To Medical Negligence Litigation

Medical Negligence: A Practitioner's Handbook covers the lifetime of a High Court medical negligence action from first contact with a client through to plenary hearing, settlement and mediation including inquests. This practical guide to procedural steps that must be taken cites all relevant case law and statutes including the Rules of the Superior Courts, the Civil Liability and Courts Acts 2004, the various statutory instruments and Coroners Act. [Subject: Criminal Law, Medical Negligence Law]

The fourth edition of this guide to the law and procedures governing medical negligence litigation continues to meet the needs of legal specialists while remaining accessible to non-lawyers including insurers, health authorities and doctors.

Legal action involving doctors, either as defendants or expert witnesses, has greatly increased over the past decade and few can now remain aloof from this aspect of their profession. Written by doctors (including five Council Members of the Medical Defence Union of Great Britain) and lawyers, this practical guide offers clear and comprehensive advice to all concerned. Part I discusses how to write medical reports, especially when consent is required or confidential information is involved. Part II covers contentious issues in various clinical specialties which repeatedly arise in litigation; well-known examples are cases involving whiplash injuries or perinatal brain damage. In Part III lawyers discuss the medico-legal problems of the solicitor's role, court testimony and medical negligence. This book is a valuable reference to all members of the medical profession. Lawyers, officials and others outside the medical profession who come into contact with medical litigation but have limited medical knowledge will find much helpful information.

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.

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.

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.

This concise book provides readers with practical guidance to help them to both avoid errors and develop robust processes to protect themselves and their patients, as well as dealing appropriately with complaints and litigation, when things do go wrong. Free of complex legal terminology, the book outlines key concepts in medical law and how these may be applied to clinical situations in both hospital and community settings. Key Features Accessible text addressing these specific areas of concern for all health care students and practitioners - error and harm, complaints, negligence claims and litigation Supported throughout with case examples, accompanied by commentaries from experienced clinical specialists Both medical and legal perspectives are reflected in the experienced editor team Incorporating case law with practical studies, legal information is supplemented by clinical commentaries from a range of specialists representing the perspective of the health care practitioner. The book is essential reading for medical and health students, practising clinicians and allied health care professionals at all levels.