Clinical negligence

View PI & Clinical Negligence by content type:

Featured PI & Clinical Negligence content

Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
Read More >
26th Oct
Practice notes
To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...
Read More >
Produced in partnership with Andrew Wilson 23rd Oct
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
Read More >
9th Oct
Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
Read More >
2nd Oct
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
Read More >
Produced in partnership with Ian Huckstepp of IRH Solicitors 1st Oct
Practice notes
What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
Read More >
26th Sep
Practice notes
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
Read More >
26th Sep
Practice notes
The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
Read More >
26th Sep
Practice notes
This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
Read More >
26th Sep
Practice notes
Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...
Read More >
26th Sep
Practice notes
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
Read More >
26th Sep
Practice notes
This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...
Read More >
26th Sep
Practice notes
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
Read More >
25th Sep
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
Read More >
25th Sep
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
Read More >
25th Sep
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
Read More >
25th Sep

Most recent Clinical negligence content

Practice notes
Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...
Read More >
25th Sep
Practice notes
Overview of anaesthesia practiceAnaesthesia forms the largest single hospital medical speciality and the skills of anaesthetists are used in all...
Read More >
25th Sep
Practice notes
Medical treatment of those without capacity to consentGenerally, it is the patient's (P’s) consent which makes invasive medical treatment lawful....
Read More >
25th Sep
Practice notes
Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...
Read More >
25th Sep
Practice notes
In June 2010, a full public inquiry into the Mid Staffordshire Foundation NHS Trust was announced. This was following concerns about standards of care...
Read More >
25th Sep
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
Read More >
25th Sep
Practice notes
Across the spectrum of clinical negligence cases between those involving issues of ‘pure diagnosis’ and ‘pure treatment’, claims arising out of...
Read More >
25th Sep
Practice notes
Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...
Read More >
25th Sep
Practice notes
The NHS complaints procedureA patient’s search for a proper explanation about what went wrong, for an apology and for a promise that such mistakes...
Read More >
25th Sep
Practice notes
While it is well known that a coroner controls an investigation into a person’s death, the modern approach to inquest preparation seeks to ensure that...
Read More >
25th Sep
Practice notes
This Practice Note builds on the general principles of cosmetic surgery claims and focuses on breast enlargement, reduction or augmentation claims. As...
Read More >
25th Sep
Practice notes
°Not Present or No abnormality (e.g. J° “No jaundice”)+/-Uncertain/equivocal+Present or Noted++Present Significantly+++Present in...
Read More >
25th Sep
Practice notes
Breach of dutyFor details of the law on breach of duty in clinical negligence claims see Practice Note: Duty of care and breach in clinical negligence...
Read More >
25th Sep
Practice notes
The law relating to wrongful conception, pregnancy and birth can be conveniently broken down into four areas:•wrongful conception following a...
Read More >
25th Sep
Practice notes
Types of coronerCoroners are independent judicial officers. Coroners must now be lawyers, although previously medical doctors were appointed and some...
Read More >
25th Sep
Practice notes
A coroner (or a jury where there is one) is required to make a determination at the end of an inquest of the matters which were ascertained from the...
Read More >
25th Sep
Practice notes
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
Read More >
25th Sep
Practice notes
General damagesGeneral damages comprise those heads of loss that are non-pecuniary and are not capable of precise calculation.The most common and...
Read More >
25th Sep
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. See Practice Notes: Conditional fee agreements—definition and requirements,...
Read More >
26th Sep
Practice notes
Dental notesA common difficulty for lawyers dealing with dental negligence claims is the nomenclature in the notes. The format of notes has changed...
Read More >
26th Sep

Popular documents