Clinical Negligence A Practitioner's Handbook

by Cameron, Cecily; Gumbel, Elizabeth-Anne

• ISBN13: 9780199299645
• ISBN10: 0199299641
• Format: Paperback
• Copyright: 2007-12-07
• Publisher: Oxford University Press

Summary

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.

Author Biography

Cecily Cameron is a Solicitor, and heads the Clinical Negligence team in the Personal Injury department of Henmans. She handles a substantial number of cerebral palsy and other serious birth injury claims, as well as several high-value fatal cases. She has a particular interest in gynaecological and neurosurgical claims. Cecily joined Henmans in October 2000, from Irwin Mitchell, Leeds. Before training as a lawyer, she worked for 8 years as Head of Information & Education Services for Wakefield Health Authority. This experience has given her an invaluable insight into the workings of the NHS and the clinical content of her work. She is a Member of the Law Society Clinical Negligence Panel, APIL, and the Oxford Medico-Legal Society.
Elizabeth-Anne Gumbel QC is a Barrister at One Crown Office Row. She specialises in Clinical Negligence, Personal Injury (including head and catastrophic injury claims), claims involving child abuse, and Multi-Party Actions. She is a member of the Professional Negligence Bar Association, the Personal Injury Bar Association, and the Family Bar Association. She has written widely on the law of clinical negligence, and is a member of the editorial committee of Clinical Risk.

Table of Contents

Breach of Duty	p. 3
Causation	p. 19
Limitation	p. 29
Funding	p. 67
The Defendant	p. 79
The Claimant and Alternative Remedies	p. 89
The First Interview	p. 97
Risk Analysis	p. 103
Case Management	p. 117
Medical Records	p. 129
Witness Evidence	p. 141
Expert Evidence	p. 147
Letter of Claim and Response	p. 159
Instructing Counsel	p. 165
Claim and Defence	p. 181
Allocation and Directions	p. 193
Disclosure and Exchange of Witness Statements	p. 199
The Process of Quantification	p. 211
Alternative Dispute Resolution	p. 215
Trial	p. 221
Costs and Cash Flow	p. 231
Fatal Cases	p. 247
Sexual Assaults	p. 275
Cost of Upbringing Cases	p. 301
Public Provision	p. 333
Other Areas of Medical Law	p. 361
Particulars of Claim in a Claim where the Mother Died in Childbirth	p. 367
Chronology	p. 378
Summary of Labour	p. 400
Draft Particulars of Claim in a Case of Failure to Treat a DVT	p. 405
Letters and Document Precedents	p. 413
Applications and Orders	p. 428
Website List	p. 441
Further Reading in Clinical Negligence	p. 445
Table of Contents provided by Blackwell. All Rights Reserved.