Bloomsbury Professional A Practical Guide to Medical Negligence Litigation

"I unconditionally welcome the book and recommend it to all practitioners and other interested persons in the complete knowledge that, over time, it will stand as being one of the most authoritative books ever published in this area."The Hon. Mr Justice William McKechnie, Judge of the Supreme Court, in the foreword to the first edition of A Practical Guide to Medical Negligence Litigation. Medical negligence actions are complex, emotive and highly contentious types of tort litigation. Medical Negligence Litigation provides legal practitioners with an explanation of the key legal principles at play and gives comprehensive and authoritative analysis of claims from the taking of first instructions right through until trial. Areas covered include: - Breach of duty - Causation - Remoteness of damage - Quantification of damages - Formulation of a medical negligence claim - Inquests into hospital deaths - Medical records - Discovery - Preparation of proofs - Independent expert opinion - Statute of limitations The new edition covers all relevant cases and legislation since 2016 including: · Morrissey v HSE (proper standard of care to be adopted by cervical cancer screeners) · McCormack v Timlin (error in diagnosis/interpretation may not equate to negligence) · Kelly v Farrell (general and approved practice defence and inherent defects) · Mangan v Dockeray (duty to have supportive expert evidence to pursue action) · Green v Hardiman and O’Sullivan v Ireland (statute of limitations and date of knowledge principles) · O’Flynn v HSE (correct procedures for exchange of expert reports) · Crean v Harty (requirement for precision in pleadings) · Personal injury guidelines (2021) · Coroners (Amendment) Act 2019 · Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 In addition two new chapters have been added: · Termination and Wrongful Birth Claims · The Lump-Sum Award and the Discount Rate Chapter 1 The Legal Principles for Establishing Medical Negligence Chapter 2 Causation in Medical Negligence Claims Chapter 3 Loss of Chance Chapter 4 Informed Consent Chapter 5 Assimilating Essential Factual Information Chapter 6 Inquests into Hospital Deaths Chapter 7 Are There Reasonable Grounds to Pursue a Claim? Chapter 8 Statute of Limitations and its Impact on Medical Negligence Litigation Chapter 9 Delay in Commencing Proceedings Chapter 10 Commencement of Proceedings (Pleadings, Parties and Preparations for Trial) Chapter 11 Discovery in Medical Negligence Actions Chapter 12 Briefing Medical Experts Chapter 13 Medical Records Chapter 14 Formulating the Claim for Damages in Serious/Catastrophic Chapter 15 Life Expectancy Issues Chapter 16 Structured Settlements, Periodic Payment Orders Chapter 17 Birth Injury Litigation Chapter 18 Medical Negligence Litigation: Reform Proposals Appendix – Precedents