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Description

Medical Negligence offers a thorough and authoritative explanation of the potential legal obligations that hospitals and healthcare providers may have as a result of providing medical care. The book covers a wide range of topics, including consent to medical treatment, defective products, confidentiality, the responsibility of hospitals, defences and limitation, the principles used to assess damages, and procedural issues, but its main focus is on the law of negligence as it pertains to the medical industry.

The revised version provides a thorough explanation of English and Welsh medical malpractice law with pertinent references to Commonwealth nations.

• Completely current, discussing pertinent legislation provisions and Commonwealth case law like Barclays Bank Plc v Various Claimants (2020) from the UK Supreme Court; Schembri v Marshall (2020) from the Court of Appeal and Bell v Tavistock and Portman NHS Foundation Trust (2020) from other Courts to name a few
• A thorough review of the Mental Capacity Act of 2005’s growing case law.
• discussion of the newly recognised tort of misusing personal data.
• complete citation of pertinent professional advice published by the General Medical Council (Decision making and consent, 2020).
• includes an appendix with information on the NHS Indemnity and a pre-action protocol for resolving clinical disputes.
• Medical terminology glossary.

Key Features:-

• detailed examination of the negligence tort as it relates to the provision of medical care.
• explains how doctors, dentists, nurses, and pharmacists are all subject to liability.
• discusses the fundamentals of medical negligence as well as specific topics including hospital liability, defective products, confidentiality, and consent to medical treatment.
• discusses new concerns around medical malpractice law, treatment availability, patient autonomy, and grievances.
• comprehensive defences and limitation are provided.
• outlines the general guidelines that apply to medical malpractice.
• by putting them into practise in specific domains like consent and secrecy, expands on the general concepts.
• examines recent case law and interprets relevant laws.
• provides precise, concise analysis that is appropriate for both generalist and specialised practitioners.

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