"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)."-- Provided by publisher.
Revised edition of: Clinical negligence by Charles J. Lewis. c2006.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Chapter 1 Introduction PART ONE Chapter 2 The structure of the National Health Service in England Chapter 3 Non legal remedies Chapter 4 Legal remedies PART TWO Chapter 5 The duty of care Chapter 6 Breach of duty and strict liability Chapter 7 Causation and damage Chapter 8 Foreseeability and remoteness Chapter 9 The proof of negligence Chapter 10 Consent Chapter 11 Adults without capacity Chapter 12 Wrongful birth Chapter 13 The Congenital Disabilities Act 1976 Chapter 14 Psychiatric injury Chapter 15 Economic loss Chapter 16 Product liability in a medical context PART THREE Chapter 17 Procedure to service of proceedings Chapter 18 Procedure from service to trial PART FOUR Chapter 19 The inquest the law, procedure and funding Chapter 20 Limitation Chapter 21 The medical records Chapter 22 Experts Chapter 23 Human rights Chapter 24 Court of Protection and issues involving capacity Chapter 25 Wales PART FIVE Chapter 26 Funding Chapter 27 Costs APPENDICES Appendix I Statutes 1 Damages 2 Limitation 3 Congenital Disabilities (Civil Liability) Act 1976 Appendix II Practice Directions and Protocols 1 Practice Direction Pre-Action Conduct and Protocols 2 Pre-Action Protocol for the Resolution of Clinical Disputes 3 The Pre-action Protocol Form for Requesting Medical Records Appendix III Directions Model Directions for Clinical Negligence Cases (2018) Before Master Yoxall and Master Cook Appendix IV Common hieroglyphs and abbreviations Appendix V The Hippocratic oath Appendix VI Letters of instruction to expert Appendix VII Example of an agenda for the experts