The purpose of this Practice Note is to provide some guidance on identifying the correct defendant in clinical negligence claims, particularly in the context of organisation of the NHS. It covers CCGs, NICE, NHSBT, PALS, GMC, BMA, Medical Defence Organisations, and NHS Resolution. It also discusses challenges faced and other issues like third parties paying for treatment and non-delegable duties.
This Practice Note deals with remoteness and foreseeability, failure to treat/loss of chance, failure to warn, failure to act, subsequent negligence, contributory negligence, foreseeability of harm and the rule that a tortfeasor must take his victim as he finds him.
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