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)
andinsurance. 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.
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