Medical Negligence or Clinical Negligence in UK Law
Leading Cases
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Gregg v Scott
... ... injustice in a common form type of medical negligence case. Some believe a remedy is ... of that case can apply to a case of clinical negligence such as this ... 73 ... ...
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Montgomery v Lanarkshire Health Board
... ... Intervener (General Medical Council) ... Andrew Smith QC ... She attributes those injuries to negligence on the part of Dr Dina McLellan, a consultant ... or where there was some other cogent clinical reason for non-disclosure. The Lord Ordinary was ... ...
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Sidaway (A.P.) v Bethlem Royal Hospital and The Maudesley Hospital Health Authority and Others
... ... appellant has not made out a case of negligence against her surgeon, the late Mr. Murray A ... to a substantial and complex volume of medical evidence and delivered a meticulous and detailed ... from our consideration matters of clinical judgment of the neuro-surgeon as to how to ... ...
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Bolitho v City and Hackney Health Authority
... ... two questions relating to liability for medical negligence. The first, which I believe to be more ... risks and benefits is a matter of clinical judgment which a judge would not normally be able ... ...
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Legislation
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
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Mental Capacity Act 2005
... ... , resulting from that person’s negligence in doing the act ... (4) Paragraph 31 of ... authorises anyone—(a) to give a patient medical treatment for mental disorder, or(b) to consent ... (3) A clinical trial which is subject to the provisions of ... ...
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The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004
... ... 20. National Health Service (Clinical Negligence Scheme) Regulations 1996 ... In ... Medical Act 1983 (Approved Medical Practices and ... ...
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National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002
... ... 2 of Schedule 2 to the Social Security (Medical Evidence) Regulations 1976 10 , a form which ... Medicines (Exemption from Licences) (Clinical Trial) Order 1995 Medicines (Exemption from ... National Health Service (Clinical Negligence Scheme) Regulations 1996 National Health Service ... ...
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Books & Journal Articles
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Medical Manslaughter: The Effect of Lay Findings of (Criminal) Gross Negligence on Professional Tribunals
... ... Bawa-Garba’s breach of duty was evidenced by her failure to accurately reassess or referAdcock to the consultant on call in the light of clinical findings and the continuing deterioration in hiscondition. Although the error relating to Adcock’s resuscitation status was accepted as not ... ...
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A Betrayal of Trust? Back to the Drawing Board for Medical Manslaughter
In seeking to provide a solution to the issues raised by medical manslaughter, Wheeler and Wheeler have recently proposed reform by way of a reconceptualised offence based on a breach of a fiduciar...... ... provides an examination of gross negligence manslaughter, before undertaking a review of the ... At present, unintentional fatal clinical errors committed by doctors with varying degrees ... ...
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Doctors Are Aggrieved—Should They Be? Gross Negligence Manslaughter and the Culpable Doctor
Doctors may also be criminals. Mercifully, this is a rare event but no health professional is infallible, mistakes happen and the challenge is to distinguish inadvertence from wilful disregard for ...... ... must move away from the stance a patient’s death is required for medical negligence to become a crime, an outcome bias, to a conduct biased ... 4 If Dr Powers’ contention is correct, and bad clinical care should be prosecuted, it is necessary to address what conduct should ... ...
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Contributory Negligence in the Twenty‐First Century: An Empirical Study of First Instance Decisions
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...... ... coded for tw o other categories of claims: product liability and medical negligence. How ever , there was only one product liability claim in the ... claims in our sample) is apparently the only reported English clinical negligence claim in which there was a finding of contributory negligence: ... ...
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Law Firm Commentaries
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Mental Health Awareness Week: Breaking The Silence
... ... well-being. As a specialist clinical negligence lawyer, I firmly ... believe that ... When patients suffer harm due ... to medical errors, the consequences extend far beyond ... ...
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Scrubs: A Tale Of Clinical Negligence
... ... and to produce a report on whether JD had acted in accordance with ... a reasonable body of professional medical opinion ... This can be a lengthy process, one which is far too slow for a ... 20-minute episode of TV. Instead Ted, the hospital's lawyer, ... ...
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Scrubs: A Tale Of Clinical Negligence
... ... and to produce a report on whether JD had acted in accordance with ... a reasonable body of professional medical opinion ... This can be a lengthy process, one which is far too slow for a ... 20-minute episode of TV. Instead Ted, the hospital's lawyer, ... ...
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Bolam, Bolitho, And Back To The Future Of Clinical Negligence
... ... There was evidence from highly respected medical journals prior to November 1995 which demonstrated that a responsible body of medical practitioners could have selected either Ritodrine or ... ...
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