APIL Clinical Negligence 4th ed

Written by a team of leading clinical negligence lawyers and other professionals APIL Clinical Negligence focuses on the key areas of clinical negligence including medical product and human rights claims and inquests. It combines practical know-how about conducting these claims with the latest thinking on new and developing areas of practice.

This new edition offers:

• A comprehensive guide to running a clinical negligence claim, from onboarding a client, formulating a claim, calculating damages and managing awards after interim payments and settlements
• A detailed chapter on all aspects of litigation including case planning, costs and Court of Protection deputies

It aims to be an indispensable guide for new and junior practitioners as well as a helpful refresher for senior lawyers. It has been updated to take account of changes to the law on consent for treatment, fixed costs, material contribution and more.

table of content

1. Meeting Your Client

 

2. Trauma in Clinical Negligence

 

3. NHS Complaints Procedure and Redress

 

4. Funding and Costs

 

5. Inquests

 

6. Medical Records

 

7. The Duty of Care, Standard of Care and Establishing Breach of Duty

 

8. Causation

 

9. Limitation

 

10. Claims Involving Medical Products

 

11. Fatal Claims

 

12. Pre-Action Protocol for the Resolution of Clinical Disputes

 

13. Case Management

 

14. Witness Statements

 

15. Expert Evidence

 

16. Instructing an Expert: The Expert's Perspective

 

17. Interim Payments and Approval Hearing

 

18. Part 36 Offers

 

19. Mediation and ADR

 

20. Entitlement to Damages and the Schedule of Loss

 

21. Managing Awards - Court of Protection Deputyship and Personal Injury Trusts

Appendix 1: Medical Glossary

Appendix 2: Medical Shorthand, Acronyms and Symbols

Appendix 3: Model Directions for Clinical Negligence Cases (2012) - Before Master Roberts and Master Cook

Appendix 4: Useful Organisations

Index