Clinical Negligence: A Practitioner's Handbook

Clinical Negligence: A Practitioner's Handbook, Second Edition is an accessible guide to investigating and litigating clinical negligence claims. Written by two leading practitioners in the field, with contributions from members of 1 Crown Office Row, it gives a solicitor's and barrister's perspective on the practical issues that arise during a clinical negligence claim. The book gives a general overview of the law relating to clinical negligence (breach of duty, causation, and quantum) and practical guidance on every aspect of a claim. For ease of navigation, the handbook is organised in an order that follows the typical chronological sequence of a case from initial instruction, risk assessment of prospects of success, NHS and local complaint processes, steps required during the pre-action protocol stage, issue and service of proceedings, exchange of factual and expert evidence, quantification, ADR, and trial. Difficult issues such as fatal cases, secondary victims, and the cost of upbringing (wrongful birth and wrongful life) claims are also covered. Practical guidance is given throughout on matters such as client care, file management, case management (maintaining effective relationships between solicitors, counsel, witnesses, and experts), and funding and running cases profitably (including billing on account and the costs recovery process.) The text features a useful set of precedents; templates, useful websites, and further reading specific to clinical negligence practice are also included.