Cloisters

The purpose of this Practice Note is to provide some guidance on identifying the correct defendant in clinical negligence claims and sets out the history of the organisation of the NHS. It covers NHS indemnity and the various clinical negligence schemes for NHS Trusts and General Practice, as well as claims relating to private treatment. It also discusses challenges faced and other issues like contractual arrangements and non-delegable duty of care.

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.