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Medical Negligence

Medical Negligence
6th Edition
Practice Area:  Personal Injury Law
ISBN:  9780414089099
Published by:  Sweet & Maxwell
Publication Date:  30 Sep 2021
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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Medical Negligence provides a comprehensive and authoritative analysis of the potential legal liabilities of healthcare professionals and hospitals arising out of the provision of healthcare. The principal focus is on the law of negligence as it applies in the medical context, but the book also includes extensive coverage of consent to medical treatment, defective products, confidentiality, the liability of hospitals, defences and limitation, the principles applied to the assessment damages, and procedural issues.

The new edition is a comprehensive statement of the law of medical negligence in England and Wales, with appropriate reference to Commonwealth jurisdictions.
  • Fully up to date, including discussion of relevant statutory provisions and Commonwealth case law such as Barclays Bank Plc v Various Claimants (2020) from the UK Supreme Court; Schembri v Marshall (2020) from the Court of Appeal and Bell v Tavistock and Portman NHS Foundation Trust (2020) from other Courts to name a few
  • Detailed discussion of developing caselaw on the Mental Capacity Act 2005
  • Discussion of the emerging tort of misuse of private information
  • Full reference to relevant professional guidance issued by the General Medical Council (Decision making and consent, 2020)
  • Includes Appendices on NHS Indemnity, Pre-Action Protocol for the Resolution of Clinical Disputes and Glossary of Medical Terms
Key Features:
  • Provides thorough analysis of the tort of negligence as it applies to the provision of health care
  • Discusses the liability of doctors as well as dentists, nurses and pharmacists
  • Covers the general principles of medical negligence and covers specific areas such as consent to medical treatment, defective products, confidentiality and the liability of hospitals
  • Covers emerging issues related to medical negligence practice, access to treatment, patient autonomy and complaints
  • Provides thorough coverage defences and limitation
  • Explains the general principles as they apply to medical negligence
  • Expands on the general principles by applying them to specific areas such as consent and confidentiality
  • Analyses current case law and interprets applicable legislation
  • Offers clear, concise analysis applicable to generalist and specialist practitioners

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  • Chapter 1: Medical Negligence in Context; 
  • Chapter 2: The Basis of Liability; 
  • Chapter 3: Standard of Care: General Principles; 
  • Chapter 4: Standard of Care: Specific Instances; 
  • Chapter 5: Causation & Remoteness of Damage; 
  • Chapter 6: Consent to Treatment; 
  • Chapter 7: Informed Consent; 
  • Chapter 8: Confidentiality; 
  • Chapter 9: Liability of Hospitals and Contribution: 
  • Chapter 10: Defective Products; 
  • Chapter 11:Defences and Limitation; 
  • Chapter 12:Damages; 
  • Chapter 13:Practice and Procedure; 
  • Appendix 1: NHS Indemnity; 
  • Appendix 2: Pre-action Protocol for the Resolution of Clinical Disputes;
  •  Appendix 3: Glossary of Medical Terms


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