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Clinical Negligence : A Practitioner's Handbook - Cecily Cameron

Clinical Negligence

A Practitioner's Handbook


Published: 25th October 2007
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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.

Breach of Dutyp. 3
Causationp. 19
Limitationp. 29
Fundingp. 67
The Defendantp. 79
The Claimant and Alternative Remediesp. 89
The First Interviewp. 97
Risk Analysisp. 103
Case Managementp. 117
Medical Recordsp. 129
Witness Evidencep. 141
Expert Evidencep. 147
Letter of Claim and Responsep. 159
Instructing Counselp. 165
Claim and Defencep. 181
Allocation and Directionsp. 193
Disclosure and Exchange of Witness Statementsp. 199
The Process of Quantificationp. 211
Alternative Dispute Resolutionp. 215
Trialp. 221
Costs and Cash Flowp. 231
Fatal Casesp. 247
Sexual Assaultsp. 275
Cost of Upbringing Casesp. 301
Public Provisionp. 333
Other Areas of Medical Lawp. 361
Particulars of Claim in a Claim where the Mother Died in Childbirthp. 367
Chronologyp. 378
Summary of Labourp. 400
Draft Particulars of Claim in a Case of Failure to Treat a DVTp. 405
Letters and Document Precedentsp. 413
Applications and Ordersp. 428
Website Listp. 441
Further Reading in Clinical Negligencep. 445
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780199299645
ISBN-10: 0199299641
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 496
Published: 25th October 2007
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 23.39 x 15.6  x 2.52
Weight (kg): 0.76