Personal Injury And Clinical Negligence Litigation
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Author | : Marriott |
Publisher | : College of Law Publishing |
Total Pages | : 726 |
Release | : 2021-01-18 |
Genre | : Law |
ISBN | : 1914202015 |
This guide provides a thorough and practical introduction to the large and complex area of personal injury and clinical negligence litigation. The text sets out the substantive law governing the legal duties owed by road users, employers and members of the medical profession, and explores topics such as limitation and psychiatric illness, so that the procedural law governing personal injury and clinical negligence claims may be understood in context. In a clear and concise way, it demonstrates how such claims are conducted under the Civil Procedure Rules (CPR), from the first interview through to the quantification of damages. The appendices include the 2015 Rehabilitation Code, pre-action protocols for personal injury claims, the resolution of clinical disputes and low value EL and PL claims, as well as extracts from the latest Ogden tables. There is also a personal injury case study which includes key documentation.This new edition has been updated to include relevant recent developments. These include an update on the Civil Liability Act 2018, the Fatal Accidents Act 1976 (Remedial) Order 2020, as well as notes relating to the 8th edition of the Ogden tables. Key recent case law is covered, including Swift v Carpenter [2020] EWCA Civ 1295, 2020.
Author | : Nigel Poole QC |
Publisher | : Bath Publishing Limited |
Total Pages | : 443 |
Release | : 2019-10-31 |
Genre | : Law |
ISBN | : 1739099257 |
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.
Author | : Judicial College |
Publisher | : OUP Oxford |
Total Pages | : 137 |
Release | : 2012-09-20 |
Genre | : Law |
ISBN | : 0191641847 |
This is the standard reference work for general damages in personal injury claims, and essential reading for all those involved in the area of personal injury. The Guidelines are designed to provide a clear and logical framework for the assessment of general damages while leaving the discretion of the assessor unfettered, since every case must depend to a degree on its own facts. They provide an invaluable guide to all those involved in personal injury litigation. As with previous editions, all judges involved in hearing personal injury cases will automatically receive a copy of the book. This eleventh edition has been fully updated to take account of inflation and decisions made in the two years since the previous edition and includes a foreword written by The Right Honourable Dame Janet Smith DBE.
Author | : Cecily Cameron |
Publisher | : Oxford University Press, USA |
Total Pages | : 0 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9780199299645 |
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.
Author | : Nigel West |
Publisher | : The Law Society |
Total Pages | : 381 |
Release | : 2016-02-18 |
Genre | : Law |
ISBN | : 1784460443 |
The Solicitors Disciplinary Tribunal (SDT) has the power to strike off a solicitor from the roll, suspend a solicitor from practice, fine or reprimand a solicitor or make such other order as it thinks fit. Whilst over 90% of all cases brought before the SDT are brought by the SRA, it is open to anyone to bring a matter before it.This book provides a unique step-by-step guide to the law and practice of the Solicitors Disciplinary Tribunal, from the issue of proceedings through to appeal. Its practical approach will help anyone who wishes to avoid the common pitfalls faced by unfamiliar users of the Tribunal.It is the only comprehensive book available on SDT proceedings and it contains all the leading cases on Tribunal proceedings, many of which are not available on the internet, in one handy volume.
Author | : Louise Marriott |
Publisher | : CLP |
Total Pages | : 0 |
Release | : 2022 |
Genre | : Medical personnel |
ISBN | : 9781914219740 |
Author | : Paul Balen |
Publisher | : Jordans Pub |
Total Pages | : 586 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9781846610776 |
Combining know-how about the conduct of clinical negligence claims with the latest thinking on new and developing areas of practice, APIL Clinical Negligence offers focused coverage on areas of clinical negligence that really matter.The result is a highly practical work offering detailed guidance and expert legal analysis. APIL Clinical Negligence will be essential reading for all clinical negligence lawyers and other professionals involved in the conduct of such claims.10% discount for APIL Members, to take advantage of this offer please call Customer Services on 0117 918 1492 and quote your APIL membership number.
Author | : Michael J. Powers |
Publisher | : |
Total Pages | : 1728 |
Release | : 2000-01 |
Genre | : Medical laws and legislation |
ISBN | : 9780406924612 |
The third edition of this title provides comprehensive coverage of all aspects of medical 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 new edition continues the established two-part structure. It 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. The book also addresses the medical issues, covering the risks associated with particular areas of specialist medical practice.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
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.
Author | : Patrick Curran |
Publisher | : |
Total Pages | : 0 |
Release | : 1995 |
Genre | : Civil procedure |
ISBN | : 9780421503809 |
This is a working guide to the preparation of pleadings in line with recent Rules of Court and judicial guidelines. It gives a thorough selection of pleadings, yet it gives in-depth coverage of this subject which goes far beyond the simple presentation of forms, providing many models, hints and research information for the preparation of pleadings. The industrial accident pleadings account for both old and new schemes to comply with the split application of the recent health and safety regulations.