Medical Negligence Case Law

PART I: GENERAL PRINCIPLES OF LAW. Causes of action. Liability in tort. Battery. Negligence. Vicarious liability. Liability in contract. Statutory liability. The Consumer Protection Act 1987. The Vaccine Damage Payments Act 1979. Medical malpractice: general principles. The duty of care. Negligence and contract. The duty owed to patients. The limits of the duty owed to patients. The duty owed to third parties. Duties owed to the unborn: The Congenital. Disabilities (Civil Liability) Act 1976. The standard of skill and care. Introduction. Normal orthodox practice. New forms of treatment and deviating from the norm. Causation. Introduction. The burden of proof, cause and material contribution. Loss of a chance. Foreseeability, remoteness and breaking the chain of causation. Contributory negligence. Res ipsa loquitur. Common types of action. Failures in diagnosis. Consenting, informing and advising. The absence of consent. Knowledge of risks. Causation and negligent advice and omissions. Informing after the event. Substandard treatment. Surgical and allied mishaps. Needles and injections. Drugs and anaesthetic accidents. Retained surgical products. Childbirth, sterilisation and contraception. Burns. Dentists. Hospital administration. General practitioners, Nurses. Unregistered practitioners. Damages. General principles. Heads of damage: general, special, provisional. Structured settlements. Pain, suffering and loss of amenity. Loss of earnings. Expenses. Deductions. Interest. Aggravated and exemplary damages. Claims for wrongful birth. Introduction. The development of the courts approach to wrongful birth. The approach of the court after Emeh. Claims concerning the death of children at or near childbirth. The practice of litigation. Limitation and striking out for want of prosecution. Limitation. Dismissal for want of prosecution. Automatic striking out in the county court. Access to medical records and expert evidence. Summary. The disclosure of evidence: expert and lay witnesses. Part II: MEDICAL NEGLIGENCE CASES.