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Clinical Negligence claims currently cost the NHS over GBP2 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 and
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.
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