Handling Clinical Negligence Claims in England PDF Download

Author: Great Britain. National Audit Office
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 56

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Book Description
There is concern about the lack of publicly available information on clinical negligence claims and whether the system is cost-effective, quick, efficient and humane. This report looks at the number of claims, the cost of settling them and the time taken; patients access to remedies and who patients claims are managed. It found that claims in England rose 72% between 1990 and 1998 and the net present value of outstanding claims was �2.6 billion. Claims still take a long time to settle and those that were closed in 1999/2000 took average five and a half years to settle (excluding cerebral palsy and brain damage).

Author:
Publisher:
ISBN: 9780215003645
Category :
Languages : en
Pages : 24

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Book Description
The report describes a systematic lack of compassion in the way the NHS deals with claims for negligence, and that these are extremely expensive and slow to resolve. The Committee drws three overall conclusions. Firstly, there are the human costs of injury and the long and difficult process of pursuing claims; 23000 cases remained outstanding at the end of March 2000, and the average time taken to resolve cases is five years. Secondly, the cost to the NHS is massive, with provision in 2000-01 for £4.4 billion for future payments. And there are associated administrative costs: in 65 per cent of settlements below £50,000 the legal costs exceed the sums paid to claimants. These costs could have implications for the overall funding of the NHS. The third conclusion is that the incidence of clinical negligence needs to be reduced in the first place, and the Committee hopes that the current review by the Chief Medical Officer will look for radical solutions to deal with the system failures identified.

Author: City Law School (London, England)
Publisher: Oxford University Press, USA
ISBN: 0199227578
Category : Law
Languages : en
Pages : 253

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Book Description
Professional Negligence Litigation in Practice has been specifically written to provide students with a detailed introduction to the complex legal issues surrounding professional negligence disputes. Concentrating on two specific areas of professional negligence; clinical negligence and solicitors' negligence, this manual examines and provides practical guidance on how such a case might be most effectively prepared and presented. Split into five distinct parts; the first part of the manual covers selected areas of the substantive law as it relates to professional negligence, namely clinical negligence and solicitors' negligence. Part II deals with the crucial procedural aspects relating to professional negligence cases, building on students' existing knowledge of the Civil Procedural Rules and examining the pre-action protocols and the role of the case management conference. Part III reflects the pragmatic approach adopted by the manual, and has been specifically designed to develop students' drafting skills to the advanced level required in professional negligence cases, and considering in particular the various stages associated with drafting Particulars of Claim and a Defense. Part IV equips students with a guide to the various legal principles, rules, practice directions, codes of guidance, and other sources, which govern the collection, preparation, and delivery of expert and non-expert evidence in clinical and solicitors' negligence cases. The final part of the manual focuses on providing students with an introduction to the key people and bodies whom they will commonly encounter in this area of practice. It also provides consideration of the availability and impact of funding arrangements on professional negligence cases and alternative dispute resolution. This manual will be an invaluable guide for students wishing to practice in civil common law chambers, particularly in the areas of professional negligence or personal injury.

Author: Nigel West
Publisher: The Law Society
ISBN: 1784460443
Category : Law
Languages : en
Pages : 384

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Book Description
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: Dominique Smith
Publisher: Law Brief Publishing
ISBN: 9781914608636
Category :
Languages : en
Pages : 0

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Book Description
In recent years, it has become increasingly common for consumers to travel abroad for cosmetic surgical and dental procedures. Consumers may be enticed to go abroad from seeing surgical packages advertised on social media, such as TikTok or Instagram, which may be cheaper than private treatment costs in the United Kingdom and may entail a stay at a luxury hotel. Unfortunately, things can and do go wrong. When consumers suffer with complications arising from their procedures or an outcome that they are dissatisfied with, it may be the case that there has been causative negligence by the foreign surgeon and/or clinic such that proceedings are contemplated. However, cross-border clinical negligence claims can be challenging to handle and bring with them a number of issues. Unlike a standard clinical negligence claim, practitioners often face additional complexities, such as whether England and Wales is the appropriate forum to hear the claim, as well as questions as to what the applicable law of the claim is. This book provides practical guidance to practitioners handling cross-border clinical negligence claims, covering issues including jurisdiction and applicable law, deaths abroad and inquests, applicable standards, expert evidence, and different types of claim. ABOUT THE AUTHOR Dominique Smith is a barrister at Deka Chambers, specialising in travel law, inquests, clinical negligence, and personal injury. She has a busy court practice, with a particular interest in cross-border clinical negligence disputes and complex personal injury claims. Dominique is known for her expertise in respect of jurisdictional issues and package travel contracts. She often acts in multi-injury claims in the County Court and High Court, for both claimants and defendants. Dominique has been recognised as a 'rising star' in travel law for several years in the Legal 500 and is also ranked in Chambers and Partners. She is a co-author of the leading travel textbook, Saggerson on Travel Law and Litigation, published in 2022, with this book being her second publication. CONTENTS Chapter One - Introduction Chapter Two - Deaths Abroad and Inquests Chapter Three - Package Travel Clinical Negligence Claims Chapter Four - Non-Package Contract Clinical Negligence Claims Chapter Five - Jurisdiction Chapter Six - Applicable Law Chapter Seven - Applicable Standards Chapter Eight - Expert Evidence Chapter Nine - Contribution Claims Chapter Ten - Quantum

Author: Mr Tony Allen
Publisher:
ISBN: 9781526506436
Category : Mediation
Languages : en
Pages : 224

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Book Description
"Mediating Clinical Claims is a timely and detailed look at the growing practice of mediating clinical negligence claims in England, written by one of the UK's most experienced mediators of clinical claims. The book is aimed at all those with an interest in understanding why and how mediation is such an effective process in resolving such claims - claimants, healthcare professional and managers, lawyers, judges, policy-makers and mediators. It reviews research on what claimants and clinicians really want from healthcare complaints and claims. It offers help on how best to prepare for and conduct such mediations, giving numerous anonymised examples based on real mediations. This new title looks at How mediation of clinical claims has developed How mediation differs from other processes Practical guidance for all participants The legal framework in which such mediation operates The law and practice of clinical claims Process design and the special problems of multi-party claims Data security and classification Protecting organisations Future developments."--Bloomsbury Publishing.

Author: Nasima Talukder Monmoon
Publisher: GRIN Verlag
ISBN: 3346263002
Category : Medical
Languages : en
Pages : 62

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Book Description
Research Paper (postgraduate) from the year 2020 in the subject Law - Miscellaneous, grade: A +, , language: English, abstract: The contemporary COVID-19 pandemic brings life and death exceedingly closer. The precariousness of carrying contamination of coronavirus and survive is still an exposure of jeopardy due to delay of trial of vaccine. Every life is most precious and not a single life could drop out for medical negligence. Each of the death caused due to medical malpractice must be trialled under the existing legislation although the pandemic situation demands for legislative reform. Any unnatural death due to medical malpractice should keep apart from trial and it is the parameter of human rights standard of a society. The UK doctors are pleading for indemnity for the medical malpractices occurred during the pandemic, the doctors of Bangladesh has no headache in this regards due to weakness of legal framework. Finding explored that the trend of ignoring the medical malpractice cases by the regularity bodies of medical professionals and absence of scope for lower judiciary to handle medical negligence cases have generated severe threats of violence on medical professionals and feeble death of doctor by the disappointed patient parties. Grounded with a qualitative research method, this study focused a new array of recommendation that enrich the law legends with action plan to reform legal framework and incorporate new tort liability into practice.

Author: Nigel Poole QC
Publisher: Bath Publishing Limited
ISBN: 1739099257
Category : Law
Languages : en
Pages : 443

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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.

Author: Samanta, Jo
Publisher: Edward Elgar Publishing
ISBN: 1789908892
Category : Law
Languages : en
Pages : 368

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Book Description
This book critically considers the dynamic relationship between clinical guidelines and medical negligence litigation, arguing that a balance must be struck between blinkered reliance on guidelines and casual disregard. It explores connections between academic law and professional practice, bringing together an array of perspectives which reveal that although guidelines may not be dispositive, they nonetheless play an important role in medical negligence law.

Author: Dr Michael Powers KC
Publisher: Bloomsbury Publishing
ISBN: 1526521539
Category : Law
Languages : en
Pages : 1444

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Book Description
"I would highly recommend this book...It is high quality, clear and comprehensive and will no doubt prove an invaluable source of reference. Five stars on all counts." Tim Kevan, co-editor, PIBULJ.COM This book remains the only text of its kind to cover both the medical and legal aspects of medical negligence. Written by a team of more than 60 experts, it continues to provide the most comprehensive and authoritative guidance on all aspects of clinical negligence claims, from bringing an action for damages to presenting expert evidence in court. It also includes detailed consideration of funding and cost implications. Those needing clear guidance to make the best possible preparations for an action will find all they need here. The new 6th edition has been fully revised and restructured, including new chapters on the future of clinical negligence litigation, cardiology, gynaecology, obstetrics, haematology , and also includes coverage and analysis of recent key cases such as: - Williams v Bermuda Hospitals [2016] UKPC 4 (causation) - R (on the application of Maughan) v HM Senior Coroner for Oxfordshire [2020] UKSC 46 (suicide in inquests) - Darnley v Croydon Health Authority [2018] UKSC 50 (duty of care owed by receptionist) - ABC v St George's Hosp [2020] EWHC 455 (Huntington's chorea confidentiality) - Swift v Carpenter [2020] EWCA Civ 1295 (future accommodation costs) - Whittington Hospital NHS Trust v XX [2020] UKSC 14 (damages for surrogacy) - Khan v Meadows [2021] UKSC 21 (scope of duty of care) - Nguyen v HM Assistant Coroner for Inner West London [2021] EWHC 3354 (sufficiency of inquiry) Easy-to-access structure The new edition maintains its easy-to-access, two-part structure. The first part, set out in 16 chapters, deals with legal aspects of medical malpractice, including complaints procedures, poor performance and medical professional governance, preparation of medical evidence, settlements and trial. There are also chapters on product liability, and coronial law. The final 27 chapters in the second part cover the risks associated with particular areas of specialist medical practice. This title is included in Bloomsbury Professional's Clinical Negligence online service.