Medical Negligence Claim in UK Law

  • Taking the Consequencies for Failure to Warn of Medical Risks
    • No. 63-2, March 2000
    • The Modern Law Review
    ... ... that the information given was otherwise inadequate belongs in negligence, 1 the task remains for the patient of proving causation. The considerable ... ’ 20 ) to present themselves in the context of a medical negligence claim: generally the courts have held doctors whose improper conduct is a ‘but ... ...
  • ‘Loss of a Chance’ Revisited: Gregg v Scott
    • No. 66-4, July 2003
    • The Modern Law Review
    ... ... medical negligence. In doing so, it was not only required ... original submissions in favour of such a claim which had been side-stepped by the House of Lords ... ...
  • Contributory Negligence in the Twenty‐First Century: An Empirical Study of First Instance Decisions
    • No. 79-4, July 2016
    • The Modern Law Review
    In this article we report the results of an empirical study of 368 first instance decisions on the contributory negligence doctrine handed down in England and Wales between 2000 and 2014. The two c...
    ... ... of damage suffered by the claimant; the contextual setting of the claim; and the year of the decision. Our study uncover ed several important ... coded for tw o other categories of claims: product liability and medical negligence. How ever , there was only one product liability claim in the ... ...
  • Reports of Committees
    • No. 48-1, January 1985
    • The Modern Law Review
    ... ... the definition entitling a party to claim damages from a third party for the ... such a company were sued in negligence in respect of birth defects allegedly ... require a social as well as a medical judgment as to the appropriateness ... ...
  • `I do not Attach Great Significance to it': Taking Note of `The Holocaust' in English Case Law
    • No. 17-4, December 2008
    • Social & Legal Studies
    The first part of this article traces the history of the word `holocaust' and the phrase `the Holocaust' in English judicial discourse, both in cases where the mass killing of Jewish Europeans in t...
    ... ... 5 The claim alleged that Greenberg and others were being ... (2000), for example, a litigant’s medical negligence claim for Post-T raumatic Stress ... ...
  • Positive subsidiarity and its implications for the margin of appreciation doctrine
    • No. 37-3, September 2019
    • Netherlands Quarterly of Human Rights
    The article presents an argument in favour of a richer theory of subsidiarity in the European Court of Human Rights context. In particular, the proposal is to include what is called a ‘positive’ di...
    ... ... headgear worn by clients ‘‘except for medical reasons’ ’. 220 Netherlands Quarterly of ... is the Commis- sion’s 1983 dismissal of a claim against the ban of homosexuals in the army, ... Morais , in which a woman in a medical negligence claim was faced with legal reasoning relying on ... ...
  • In the Battle of Doctor vs Patient: 'Sorry' really does seem to be the hardest word: The ?Duty of Candour'
    • No. 2-2, July 2012
    • Southampton Student Law Review
    • Kelly O'Brien
    • 99-127
    This dissertation discusses the ‘Duty of Candour’ as a mechanism for encouraging openness within the NHS. It examines the emergent history of the duty of candour highlighting what has influenced th...
    ... ... ; appraisal; and reform of the clinical negligence system ... Introduction ... he NHS ... openness and honesty enshrined in General Medical Council (GMC) guidance, 3 in an attempt to ... by the textbooks of the time which claim ‘the medical man may in som e cases be ... ...
  • Medical Negligence and the Nigerian National Health Insurance Scheme: Civil Liability, No-Fault or a Hybrid Model?
    • No. , March 2010
    • African Journal of International and Comparative Law
    • 46-77
    ... INTRODUCTION ... The claim that it is the law that is positively detrimental to the practice of medicine … cannot be accepted. When the rhetoric is stripped away, it is the ... ...
  • Betrayal of Trust in Medical Manslaughter
    • No. 83-6, December 2019
    • Journal of Criminal Law, The
    Despite efforts spanning 200 years, judges are yet to find a form of words that can explain adequately the meaning of ‘gross’ to a jury trying gross negligence medical manslaughter. Accordingly, th...
    ... ... adequately the meaning of ‘gross’ to a jury tr ying gross negligence medical manslaughter. Accordingly, those assessing whether to p rosecute ... Although a civil claim for clinical negligence is a daunting and uncomfortable prospect for any ... ...
  • Sifax v. Migfo and Limitation Laws in Nigeria: Triumph of Pragmatism over Formalism?
    • No. , November 2020
    • African Journal of International and Comparative Law
    • 577-595
    ... ... Ebert , 26 the Court resolved that a claim which is struck out remains on the cause list as ... who is diagnosed in 2018 of certain medical conditions arising from a treatment he received ... an action in respect of medical negligence that occurred 18 years ago? These are matters ... ...
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