Liability

Practice notes

Delay in medical treatment

Delay in medical treatmentIntroductionThe standard of duty for doctors and other medical practitioners is well-known, and establishing whether a...

Produced in partnership with David Green of 12 King's Bench Walk 31st Jul

Q&As

Can you direct me to any guidance or case law on whether the Ministry of Justice (MoJ) and individual prisons are likely to be liable for the standard of healthcare provided to prisoners?

Can you direct me to any guidance or case law on whether the Ministry of Justice (MoJ) and individual prisons are likely to be liable for the standard...

31st Jul

Practice notes

Claims for implanted medical devices

Claims for implanted medical devicesGuidance on care standards for cosmetic procedures is provided by the General Medical Council and came into effect...

Produced in partnership with Conor Dufficy of 7 Bedford Row 31st Jul

Practice notes

Clinical negligence claims involving labour and delivery—injuries to the child

Clinical negligence claims involving labour and delivery—injuries to the childThis Practice Note sets out practical considerations when managing these...

Produced in partnership with Renée Wood 31st Jul

Practice notes

Consent in clinical negligence claims—capacity and other issues

Consent in clinical negligence claims—capacity and other issuesTreatment of a patient by a doctor requires prior consent in order to be lawful. This...

31st Jul

Practice notes

Causation and material contribution in clinical negligence claims

Causation and material contribution in clinical negligence claimsCausation and remoteness are the principles that the courts use to determine what...

31st Jul

Practice notes

NICE Guidance

NICE GuidanceWhat is the National Institute for Health and Care Excellence and what does it do?National Institute for Health and Care Excellence...

31st Jul

Practice notes

Duty of care and breach in clinical negligence claims

Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...

Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 31st Jul

Practice notes

Clinical negligence surgical claims

Clinical negligence surgical claimsAcross the spectrum of clinical negligence cases between those involving issues of ‘pure diagnosis’ and ‘pure...

Produced in partnership with Aneurin Moloney 31st Jul

Practice notes

Consent in clinical negligence claims—treatment and causation

Consent in clinical negligence claims—treatment and causationFor further consent issues such as emergency treatment, withdrawal of consent, capacity,...

Produced in partnership with James Byrne of 9 Gough Square 31st Jul

Practice notes

Clinical negligence claims involving labour and delivery—injuries to the mother

Clinical negligence claims involving labour and delivery—injuries to the motherThis Practice Note begins with a reminder of the importance of...

Produced in partnership with Renée Wood 31st Jul

Practice notes

Wrongful conception, pregnancy and birth

Wrongful conception, pregnancy and birthThe law relating to wrongful conception, pregnancy and birth can be conveniently broken down into four...

Produced in partnership with Rachel Galloway of Kings Chambers 31st Jul

Practice notes

Health care associated infections

Health care associated infectionsWhat is a health care associated infection?The Health Protection Agency (now part of Public Health England) defined...

Produced in partnership with Joel Donovan QC of Cloisters 31st Jul

Practice notes

The duty of candour

The duty of candourIn June 2010, a full public inquiry into the Mid Staffordshire Foundation NHS Trust was announced. This was following concerns...

31st Jul

Q&As

What liability could arise if the wrong sperm was negligently used by a fertility clinic resulting in the baby having a genetic disease or different attributes to those that were chosen? What is the limitation period for any liability? What kind of awards could be made if the clinic was liable?

What liability could arise if the wrong sperm was negligently used by a fertility clinic resulting in the baby having a genetic disease or different...

Produced in partnership with Jamie Gamble of No5 Barristers Chambers 31st Jul

Q&As

Can you direct me to case law Precedents on psychological injury caused by a delay in diagnosis?

Can you direct me to case law Precedents on psychological injury caused by a delay in diagnosis?Delay in diagnosisDelayed diagnosis cases more...

31st Jul

Q&As

In a clinical negligence claim, can an insurer seek to argue that given the death of the defendant (a GP who was insured at the time) that damages are limited to the assets of the estate?

In a clinical negligence claim, can an insurer seek to argue that given the death of the defendant (a GP who was insured at the time) that damages are...

Produced in partnership with David Green of 12 King's Bench Walk 31st Jul

Q&As

Is there any guidance on valuing a clinical negligence claim where a cancer misdiagnosis has shortened the deceased's life by six to twelve months? If the Claimant would have died in any event (and has since died) had the cancer been correctly diagnosed, does this claim still fall within the Fatal Accidents Act 1976 and can a claim be made for bereavement award and funeral expenses?

Is there any guidance on valuing a clinical negligence claim where a cancer misdiagnosis has shortened the deceased's life by six to twelve months? If...

31st Jul

Q&As

For a case involving a GP from 1 April 2019, which is covered by the indemnity scheme called the Clinical Negligence Scheme for General Practice, is it mandatory for the individual GP to be named on the Claim Form and any ATE insurance?

For a case involving a GP from 1 April 2019, which is covered by the indemnity scheme called the Clinical Negligence Scheme for General Practice, is...

31st Jul

Q&As

I am preparing to issue court proceedings against a GP surgery. The surgery is a partnership. The CPR suggests that in this situation the partnership should be named and referred to as a firm but other parts of the CPR suggests that each and every individual GP should be named. What is the normal protocol when suing a GP practice? Is it preferable to sue the individual GPs or the surgery or name the individual GPs and the surgery followed by a firm?

I am preparing to issue court proceedings against a GP surgery. The surgery is a partnership. The CPR suggests that in this situation the partnership...

Produced in partnership with Jamie Gamble of No5 Barristers Chambers 31st Jul

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