This three-volume set contains the results of the second and final stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history and one which is theoretically better informed. Also available, the six-volume set containing the results of the first stage of this project.

Medical Negligence provides a comprehensive and authoritative analysis of the potential legal liabilities of healthcare professionals and hospitals arising out of the provision of healthcare. The principal focus is on the law of negligence as it applies in the medical context, but the book also includes extensive coverage of consent to medical treatment, defective products, confidentiality, the liability of hospitals, defences and limitation, the principles applied to the assessment damages, and procedural issues. The new edition is a comprehensive statement of the law of medical negligence in England and Wales, with appropriate reference to Commonwealth jurisdictions. Fully up to date, including discussion of relevant statutory provisions and Commonwealth case law such as Barclays Bank Plc v Various Claimants (2020) from the UK Supreme Court; Schembri v Marshall (2020) from the Court of Appeal and Bell v Tavistock and Portman NHS Foundation Trust (2020) from other Courts to name a few Detailed discussion of developing caselaw on the Mental Capacity Act 2005 Discussion of the emerging tort of misuse of private information Full reference to relevant professional guidance issued by the General Medical Council (Decision making and consent, 2020) Includes Appendices on NHS Indemnity, Pre-Action Protocol for the Resolution of Clinical Disputes and Glossary of Medical Terms Key Features: Provides thorough analysis of the tort of negligence as it applies to the provision of health care Discusses the liability of doctors as well as dentists, nurses and pharmacists Covers the general principles of medical negligence and covers specific areas such as consent to medical treatment, defective products, confidentiality and the liability of hospitals Covers emerging issues related to medical negligence practice, access to treatment, patient autonomy and complaints Provides thorough coverage defences and limitation Explains the general principles as they apply to medical negligence Expands on the general principles by applying them to specific areas such as consent and confidentiality Analyses current case law and interprets applicable legislation Offers clear, concise analysis applicable to generalist and specialist practitioners

Since its first appearance in 1986, this magisterial work has won uniform praise from many of the world's leading comparatists. It has been acclaimed by senior judges and has been cited by the courts of many countries. This new, substantially rewritten and systematically updated fifth edition of the work, contains over 95 leading judgments, most translated in their entirety, along with references to over 2,000 other decisions from Germany and the common law world. While the book remains an ideal tool for teaching comparative torts and comparative methodology, the fact that it has been extensively rewritten makes it an indispensable source of inspiration for those with a professional interest in tort litigation and tort law reform. This edition has paid particular attention to liability for internet activity, medical liability and the protection of personality rights and private life.

Professional Liability: Law and Insurance 2nd Edition has been updated in line with changes in the law. With the increase in liability litigation and the growing sophistication of the law in this area, this edition provides an easy-to-read reference source offering a practical analysis of professional negligence.