June
Articles matching "clinical negligence"
Vicarious Liability: A roadmap for healthcare providers
Abuse cases typically involve issues of limitation and a debate as to who should bear the legal responsibility for the actions of the wrong doer(s) via the principles of vicarious liability.
Read moreInjuring the injured: the ‘but for’ test survives
The Court of Appeal in Reaney v University Hospital of North Staffordshire NHS Trust has this month clarified the principles involved in quantifying a claim when a claimant already has a pre-existing…
Read moreThe move towards more fixed claimant costs is gathering speed
If the signs are being read accurately, two and a half years after most of Lord Justice Jackson’s recommendations were introduced through LASPO, we may now be moving towards the introduction of an…
Read moreLatest Department of Health proposals suggest claims of higher value are moving closer to having claimant costs fixed
Insurers are rightly interested in the potential for extending the remit of the existing fixed costs regime in order to be able to exercise greater control over exposure to claimants’ costs. In the…
Read moreProsthesis selection in an amputation case
David Woolley examines a discrete point arising in a clinical negligence case involving the amputation of a 63 year old claimant’s leg. Miller v Imperial College Healthcare NHS Trust (2014)
Read moreEvans v Royal Wolverhampton Hospitals NHS Foundation Trust
The case concerned injuries which were sustained by the Claimant on account of the Defendant’s negligent clinical treatment. On 3 July 2014, the Defendant made a Part 36 Offer of £325,000. The offer…
Read moreInjuring the injured: quantifying the defendant’s liability
Philip D’Netto reviews Reaney v University Hospital of North Staffordshire NHS Trust (2014) which looks set to reopen the debate about how to quantify the defendant’s liability when a claimant has a…
Read moreCausation arguments not precluded by default judgment
In Symes v St George's Healthcare NHS Trust (2014), the High Court had to determine whether the defendant was precluded from raising arguments on causation when default judgment had been entered.…
Read moreClinical negligence: Scottish government response to consultation
In April, the Scottish Government published its report on this Consultation. The No Fault Compensation Review Group was established in 2009 to consider the potential benefits of a no fault scheme for…
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