Personal Injury and Clinical Negligence Litigation 2021
Personal Injury and Clinical Negligence Litigation 2021

Author: Marriott

Publisher: College of Law Publishing

Published: 2021-01-18

Total Pages: 726

ISBN-13: 1914202015

DOWNLOAD EBOOK

This guide provides a thorough and practical introduction to the large and complex area of personal injury and clinical negligence litigation. The text sets out the substantive law governing the legal duties owed by road users, employers and members of the medical profession, and explores topics such as limitation and psychiatric illness, so that the procedural law governing personal injury and clinical negligence claims may be understood in context. In a clear and concise way, it demonstrates how such claims are conducted under the Civil Procedure Rules (CPR), from the first interview through to the quantification of damages. The appendices include the 2015 Rehabilitation Code, pre-action protocols for personal injury claims, the resolution of clinical disputes and low value EL and PL claims, as well as extracts from the latest Ogden tables. There is also a personal injury case study which includes key documentation.This new edition has been updated to include relevant recent developments. These include an update on the Civil Liability Act 2018, the Fatal Accidents Act 1976 (Remedial) Order 2020, as well as notes relating to the 8th edition of the Ogden tables. Key recent case law is covered, including Swift v Carpenter [2020] EWCA Civ 1295, 2020.

Guidelines for the Assessment of General Damages in Personal Injury Cases
Guidelines for the Assessment of General Damages in Personal Injury Cases

Author: Judicial College

Publisher: OUP Oxford

Published: 2012-09-20

Total Pages: 137

ISBN-13: 0191641847

DOWNLOAD EBOOK

This is the standard reference work for general damages in personal injury claims, and essential reading for all those involved in the area of personal injury. The Guidelines are designed to provide a clear and logical framework for the assessment of general damages while leaving the discretion of the assessor unfettered, since every case must depend to a degree on its own facts. They provide an invaluable guide to all those involved in personal injury litigation. As with previous editions, all judges involved in hearing personal injury cases will automatically receive a copy of the book. This eleventh edition has been fully updated to take account of inflation and decisions made in the two years since the previous edition and includes a foreword written by The Right Honourable Dame Janet Smith DBE.

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

DOWNLOAD EBOOK

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Civil Litigation 2021/2022
Civil Litigation 2021/2022

Author: Kevin Browne

Publisher: College of Law Publishing

Published: 2021-07-15

Total Pages: 675

ISBN-13: 1914202163

DOWNLOAD EBOOK

Civil Litigation is a thorough, up to date and practical introduction to the Civil Procedure Rules and the principles and tactics used in pursuing a civil case.

Clinical Negligence Made Clear
Clinical Negligence Made Clear

Author: Nigel Poole QC

Publisher: Bath Publishing Limited

Published: 2019-10-31

Total Pages: 443

ISBN-13: 1739099257

DOWNLOAD EBOOK

Clinical Negligence claims currently cost the NHS over £2 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 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.

Civil Litigation 2020/2021
Civil Litigation 2020/2021

Author: Browne

Publisher: College of Law Publishing

Published: 2020-06-30

Total Pages: 755

ISBN-13: 1913226670

DOWNLOAD EBOOK

Civil Litigation is a thorough, up to date and practical introduction to the Civil Procedure Rules and the principles and tactics used in pursuing a civil case. The civil process has been divided into five stages, starting with pre-action considerations, moving on to examine the issue and service of proceedings, before considering interim matters, trial and enforcement. The aim of the book is to equip readers with the knowledge necessary to enable them successfully to navigate their way through these stages. The text has a user-friendly structure and includes checklists and specimen documents which build up into a case study forming a useful overview of the civil litigation process. The appendices incorporate helpful templates, flow diagrams, case study documents and copies of the more common court forms used in civil litigation. This edition incorporates developments in early neutral evaluation, contempt of court, pre-action disclosure, ADR, drafting statements of truth, security for costs, disclosure, legal professional privilege, without prejudice privilege, drafting witness statements, evidence of fact, expert evidence, Part 36, skeleton arguments, costs and proportionality, and enforcement. New cases include Lomax v Lomax [2019] (early neutral evaluation); Jet2 Holidays Ltd v Hughes & Hughes [2019] (contempt of court); Hunt v Caddick (Mill Harbour) Ltd [2019] (pre-action disclosure); Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] (ADR); Woodward v Phoenix Healthcare Distribution Ltd [2019] (service of claim form); Civil Aviation Authority v R (on behalf of the application of Jet2.com Ltd) [2020] (disclosure); BGC Brokers LP v Tradition (UK) Ltd [2019] (without prejudice); Promontoria (Oak) Ltd v Emanuel [2020] (evidence); Liverpool Victoria Insurance Company Ltd v Zafar [2019] and Mustard v Flower [2019] (expert evidence); King v City of London Corporation [2019] and Calonne Construction Ltd v Dawnus Southern Ltd [2019] (Part 36); West v Stockport NHS Foundation Trust [2019] (proportionality); and W Nagel (a firm) v Pluczenik Diamond Company NV [2019] (enforcement).

Mason and Mccall Smith's Law and Medical Ethics
Mason and Mccall Smith's Law and Medical Ethics

Author:

Publisher: Oxford University Press

Published: 2023-07-10

Total Pages: 699

ISBN-13: 0192866222

DOWNLOAD EBOOK

Trusted for over 40 years for its authoritative account of medical law, this text provides the right balance between in-depth legal coverage and analysis of ethical issues.This classic textbook focuses on medical law and its relationship with medical practice and modern ethics. It provides thorough coverage of all topics found on medical law courses, and in-depth analysis of recent court decisions and legislation, encouraging students to thinkcritically about this area of study. - Covers the whole field of modern ethical medical practice, making the book suitable for use on all undergraduate and postgraduate medicallaw courses- Clearly sets a diversity of views in ethical debates, and offers the authors' own perspectives, encouraging students to explore and form their own opinions- Takes account of the influence of international policy and legal developments in shaping medical law in the UKNew to this edition:· Two brand new chapters introduce students to concepts, theories, and tools that frame interpretation and analysis ofhealth and medical law· A new chapter provides an overview of UK health systems and examines these in the context of devolution, the Covid-19 pandemic, and Brexit· The table of contents has beenreorganised and streamlined to enhance clarity and focus on current issues in the discipline· Includes coverage of developments such as the Health and Social Care Act 2022, Mental Health Bill 2022, Medicines and Medical Devices Act 2021, Coronavirus Act 2020, new regimes for organ donation, Bell v Tavistock, ABC v St George's Healthcare NHS Trust, Khan v Meadows, and moreDigital formatsThis twelfth edition is availablefor students and institutions to purchase in a variety of formats.The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learningsupport: www.oxfordtextbooks.co.uk/ebooks

Neuropsychological Aspects of Brain Injury Litigation
Neuropsychological Aspects of Brain Injury Litigation

Author: Taylor & Francis Group

Publisher: Routledge

Published: 2021-12-23

Total Pages: 240

ISBN-13: 9780367616274

DOWNLOAD EBOOK

This accessible handbook focuses on the importance of neuropsychological evidence and the role of the neuropsychologist as expert witness in brain injury litigation. This thorough, evidence-based resource fosters discussion between the legal profession and expert neuropsychological witnesses. The chapters reflect collaborations between leading personal injury lawyers and neuropsychologists in the UK. Key issues in brain injury litigation are addressed that are essential to an understanding of the role of the neuropsychologist as expert witness and of neuropsychological evidence for the courts. These include neuropsychological testing, assessment of quantum, vocational rehabilitation, mental capacity, forensic outcomes, the frontal paradox, mild TBI and more. Combining the scientific and legal background with practical tips and case examples, this book is valuable reading for legal professionals, particularly those working in personal injury and clinical negligence, as well as trainees, students and clinicians in the field of neuropsychology, neurorehabilitation and clinical psychology.

Medical Liability in Asia and Australasia
Medical Liability in Asia and Australasia

Author: Vera Lúcia Raposo

Publisher: Springer Nature

Published: 2021-11-25

Total Pages: 318

ISBN-13: 9811648557

DOWNLOAD EBOOK

This book brings together some of the most respected Asian and Australasian experts on medical liability to provide insightful perspectives on civil and criminal law from selected Australasian jurisdictions. It focuses on the idiosyncrasies of the existing law and case law in this part of the world with regard to medical liability, adopting a comparative and critical perspective. The aim is to provide an overview of the basic elements of medical liability in Asian and Australian jurisdictions, as well as the latest developments and general trends in jurisprudence. Given the broad range of jurisdictions covered, the book offers lawmakers, health administrators and practitioners, both in law and medicine, an alternative approach to the delivery of health care. Further, it is essential reading for all those (academics, lawyers, judges, researchers, practicing doctors and those involved in the growing area of legal medicine) working in medical liability, specially in the Australasian context.

Evidential Uncertainty in Causation in Negligence
Evidential Uncertainty in Causation in Negligence

Author: Gemma Turton

Publisher: Bloomsbury Publishing

Published: 2016-05-19

Total Pages: 419

ISBN-13: 1509900330

DOWNLOAD EBOOK

This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.