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Clinical Negligence 6th ed

Edited by: Michael Powers KC, Anthony Barton

ISBN13: 9781526521521
Previous Edition ISBN: 9781780434858
Published: July 2023
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback
Price: £575.00

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This book remains the only text of its kind to cover both the medical and legal aspects of medical negligence. Written by a team of more than 60 experts, it continues to provide the most comprehensive and authoritative guidance on all aspects of clinical negligence claims, from bringing an action for damages to presenting expert evidence in court. It also includes detailed consideration of funding and cost implications.

Those needing clear guidance to make the best possible preparations for an action will find all they need here.

The new 6th edition has been fully revised and restructured, including new chapters on the future of clinical negligence litigation, cardiology, gynaecology, obstetrics, haematology , and also includes coverage and analysis of recent key cases such as:

  • Williams v Bermuda Hospitals [2016] UKPC 4 (causation)
  • R (on the application of Maughan) v HM Senior Coroner for Oxfordshire [2020] UKSC 46 (suicide in inquests)
  • Darnley v Croydon Health Authority [2018] UKSC 50 (duty of care owed by receptionist)
  • ABC v St George's Hosp [2020] EWHC 455 (Huntington's chorea confidentiality)
  • Swift v Carpenter [2020] EWCA Civ 1295 (future accommodation costs)
  • Whittington Hospital NHS Trust v XX [2020] UKSC 14 (damages for surrogacy)
  • Khan v Meadows [2021] UKSC 21 (scope of duty of care)
  • Nguyen v HM Assistant Coroner for Inner West London [2021] EWHC 3354 (sufficiency of inquiry)

Easy-to-access structure The new edition maintains its easy-to-access, two-part structure. The first part, set out in 16 chapters, deals with legal aspects of medical malpractice, including complaints procedures, poor performance and medical professional governance, preparation of medical evidence, settlements and trial. There are also chapters on product liability, and coronial law. The final 27 chapters in the second part cover the risks associated with particular areas of specialist medical practice.

Professional Negligence, Medical Law and Bioethics
Part I: Legal Aspects of Medical Malpractice
1. The Law
2. Safety Audit
3. Adverse Event Investigation
4. Medical Professional Regulation
5. NHS R & (MDO)
6. Relevance of Human Rights in Clinical Negligence Litigation
7. Compensation Schemes
8. Funding Clinical Negligence Claims
9. The Coroner's Inquest
10. The Medical Expert Report and Duties of the Expert Witness
11. The Conduct of Proceedings
12. Capacity and Consent
13. Limitation of Actions
14. Product Liability: Medicines and Medical Devices
15. Damages Awards: Lump Sums and Periodical Payments
16. Causation

Part II: Risks Associated with Particular Areas of Specialist Medical Practice
17. Epidemiology
18. Primary Care
19. Emergency Medicine
20. Cardiology
21. Endocrinology
22. Neurology
23. Oncology
24. Psychiatry
25. Diagnostic Radiology
26. Ophthalmology
27. General Surgery
28. Vascular Surgery
29. Pain Management
30. Anaesthesia
31. Neurosurgery and Interventional Neuro-Radiology
32. Spinal Surgery
33. Otorhinolaryngology
34. Orthopaedics
35. Urological Surgery
36. Cardiac and Thoracic surgery
37. Dental Surgery
38. Obstetrics and Fetal Medicine
39. Gynaecology
40. Paediatric Neurology
41. Neonatology
42. Imaging for Perinatal and Early Childhood Neurological Problems
43. Haematology and VTE