Clinical negligence - DAC Beachcroft

Clinical negligence

This collection looks at the latest news and comment on clinical negligence healthcare law.

Patient expectation of successful clinical outcome can lead to disputes both in the public and private spheres. Accompanying these potential disputes are cost pressures, which are more acute than ever for clinical negligence/medical malpractice indemnifiers. This collection will guide you through clinical negligence healthcare law across both the public and private healthcare sector. 

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Articles & newsletters (66)

Medical Professionals and the 'Right to be Forgotten': Developments Following Landmark Dutch Surgeon Decision

Medical Professionals and the 'Right to be Forgotten': Developments Following Landmark Dutch Surgeon Decision

11 marzo 2019

'What does a good Spinal Service look like?' Find out with the latest GIRFT Report

'What does a good Spinal Service look like?' Find out with the latest GIRFT Report

19 febrero 2019

Defendants are not obliged to make reasonable enquiries of third parties before making "non-admissions" in the Defence

Defendants are not obliged to make reasonable enquiries of third parties before making "non-admissions" in the Defence

14 febrero 2019

Success for Defendant Trust in Strike Out application for secondary victim claim : Doosey v Leeds Teaching Hospital NHS Trust [2017]

Success for Defendant Trust in Strike Out application for secondary victim claim : Doosey v Leeds Teaching Hospital NHS Trust [2017]

31 enero 2019

Surrogacy costs for claims involving infertility as a result of clinical negligence - XX v Whittington Hospital NHS Trust

Surrogacy costs for claims involving infertility as a result of clinical negligence - XX v Whittington Hospital NHS Trust

16 enero 2019

Safe Use of Portable Oxygen Systems – HSIB Investigates

Safe Use of Portable Oxygen Systems – HSIB Investigates

11 enero 2019

Court finds for Healthcare Defendants : No Duty of Care when advising non-patients to protect them from economic loss

Court finds for Healthcare Defendants : No Duty of Care when advising non-patients to protect them from economic loss

18 diciembre 2018

Wrongful birth: clinical negligence compensation for poor advice

Wrongful birth: clinical negligence compensation for poor advice

12 diciembre 2018

Know your victim: Primary or Secondary!

Know your victim: Primary or Secondary!

21 noviembre 2018

Appeal decision calls into question the merit of early Summary Judgment Applications - Hewes v West Hertfordshire Hospitals NHS Trust & Others

Appeal decision calls into question the merit of early Summary Judgment Applications - Hewes v West Hertfordshire Hospitals NHS Trust & Others

12 noviembre 2018

Probability and loss of chance versus medical certainty! Singapore High Court awards damages to Claimant on the basis of dissenting arguments in Gregg v Scott

Probability and loss of chance versus medical certainty! Singapore High Court awards damages to Claimant on the basis of dissenting arguments in Gregg v Scott

17 octubre 2018

Supreme Court finds Hospital liable for inaccurate waiting time information given in A&E - Darnley v Croydon Health Services NHS Trust [2018] UKSC 50

Supreme Court finds Hospital liable for inaccurate waiting time information given in A&E - Darnley v Croydon Health Services NHS Trust [2018] UKSC 50

11 octubre 2018

Statutory patient safety investigations a step closer?

Statutory patient safety investigations a step closer?

02 agosto 2018

Show us the evidence! – Defendant's success at obtaining summary judgment in a clinical negligence case

Show us the evidence! – Defendant's success at obtaining summary judgment in a clinical negligence case

20 junio 2018

Pharmacy regulation round-up - recent developments in Ireland, the UK and New Zealand

Pharmacy regulation round-up - recent developments in Ireland, the UK and New Zealand

18 junio 2018

Can a Joint Expert's view be trumped when there is no 'monopoly of wisdom'? The Court creates a level playing field

Can a Joint Expert's view be trumped when there is no 'monopoly of wisdom'? The Court creates a level playing field

31 mayo 2018

Witness Statements – A Word of Warning!

Witness Statements – A Word of Warning!

24 mayo 2018

Poor communication can lead to catastrophic injury – how can you be sure that your patient has understood?

Poor communication can lead to catastrophic injury – how can you be sure that your patient has understood?

16 mayo 2018

Vascular Surgery GIRFT Programme National Speciality Report – what you need to know

Vascular Surgery GIRFT Programme National Speciality Report – what you need to know

15 mayo 2018

Exaggeration and dishonesty does not pay!

Exaggeration and dishonesty does not pay!

09 mayo 2018

Do the benefits of Part 36 always kick in when a Claimant beats the offer at Trial?

Do the benefits of Part 36 always kick in when a Claimant beats the offer at Trial?

08 mayo 2018

Claimant's Cost Budget successfully challenged on the use of blended rates

Claimant's Cost Budget successfully challenged on the use of blended rates

26 abril 2018

Qualified one-way costs shifting: What constitutes an exception to the rules and when will the Court apply its discretion in relation to the cost award?

Qualified one-way costs shifting: What constitutes an exception to the rules and when will the Court apply its discretion in relation to the cost award?

29 marzo 2018

Fair-handed approach? Latest on challenging Health Service Ombudsman decisions

Fair-handed approach? Latest on challenging Health Service Ombudsman decisions

28 marzo 2018

What is Fundamental Dishonesty? In this case, a central allegation to the case, based upon a lie

What is Fundamental Dishonesty? In this case, a central allegation to the case, based upon a lie

26 marzo 2018

Forthcoming Changes to the Discount Rate

Forthcoming Changes to the Discount Rate

22 marzo 2018

Court of Appeal rule switch from LSC to CFA funding pre-LASPO as unreasonable

Court of Appeal rule switch from LSC to CFA funding pre-LASPO as unreasonable

22 marzo 2018

No room for error: service of the Claim Form by Litigants in Person

No room for error: service of the Claim Form by Litigants in Person

14 marzo 2018

Non-delegable duties: Do they apply to prison healthcare?

Non-delegable duties: Do they apply to prison healthcare?

14 febrero 2018

Consent – beware gaps in evidence

Consent – beware gaps in evidence

08 febrero 2018

Reflections on the Dr Bawa-Garba case

Reflections on the Dr Bawa-Garba case

02 febrero 2018

Bereavement damages and cohabitees

Bereavement damages and cohabitees

30 noviembre 2017

Improving the NHS with the Getting It Right First Time programme

Improving the NHS with the Getting It Right First Time programme

20 octubre 2017

Part 36 Offers and the amended discount rate - beware of the rules for service

Part 36 Offers and the amended discount rate - beware of the rules for service

31 agosto 2017

Checking if proceedings have been served correctly: Tips for Trusts and Lawyers

Checking if proceedings have been served correctly: Tips for Trusts and Lawyers

23 agosto 2017

Failure to obtain informed consent does not give rise to a separate right to damages

Failure to obtain informed consent does not give rise to a separate right to damages

15 agosto 2017

Case comment: Andrews v South Tees Hospitals NHS Foundation Trust

Case comment: Andrews v South Tees Hospitals NHS Foundation Trust

15 agosto 2017

Fixed recoverable costs in clinical negligence - a call for collaboration

Fixed recoverable costs in clinical negligence - a call for collaboration

31 julio 2017

Case summary: expectations of standards of care

Case summary: expectations of standards of care

27 julio 2017

Claims on behalf of an Estate: Be aware of what can and what cannot be claimed

Claims on behalf of an Estate: Be aware of what can and what cannot be claimed

28 junio 2017

Singapore adopts hybrid approach to Bolam/Montgomery

Singapore adopts hybrid approach to Bolam/Montgomery

25 mayo 2017

Limits on claiming negligent treatment based on Montgomery

Limits on claiming negligent treatment based on Montgomery

22 mayo 2017

To recuse or not to recuse: A brief overview of alleged judicial bias

To recuse or not to recuse: A brief overview of alleged judicial bias

09 mayo 2017

'Safe Space' proposal for NHS Trusts shelved

'Safe Space' proposal for NHS Trusts shelved

03 mayo 2017

Health and Care Professions Tribunal Service Launched

Health and Care Professions Tribunal Service Launched

28 abril 2017

Information required to obtain informed consent for elective procedures

Information required to obtain informed consent for elective procedures

25 abril 2017

Applying the relevant standards – from the relevant time

Applying the relevant standards – from the relevant time

11 abril 2017

The long goodbye to Bolam: Consent in clinical negligence claims

The long goodbye to Bolam: Consent in clinical negligence claims

21 marzo 2017

Ever Closer Union? The future of regulation for doctors, nurses and midwives

Ever Closer Union? The future of regulation for doctors, nurses and midwives

17 marzo 2017

Beware: Clinicians' reflections and disclosure issues

Beware: Clinicians' reflections and disclosure issues

06 marzo 2017

The last-minute change of plan: How courts are no longer easing the path for late amendments

The last-minute change of plan: How courts are no longer easing the path for late amendments

28 febrero 2017

Disproportionate ATE premium slashed from £31,976.49 to £2,120

Disproportionate ATE premium slashed from £31,976.49 to £2,120

23 febrero 2017

No compensation for loss arising from a claimant's criminal activity

No compensation for loss arising from a claimant's criminal activity

19 diciembre 2016

Healthcare Safety Investigations - 'Safe Space' Consultation

Healthcare Safety Investigations - 'Safe Space' Consultation

23 noviembre 2016

Striking the balance

Striking the balance

31 octubre 2016

Last minute conversion to a CFA won't prevent recovery of additional liabilities

Last minute conversion to a CFA won't prevent recovery of additional liabilities

19 octubre 2016

Cost budgets: The available fund, not the figure you are entitled to recover

Cost budgets: The available fund, not the figure you are entitled to recover

18 octubre 2016

Covert Medication – Guidance from the Court of Protection

Covert Medication – Guidance from the Court of Protection

20 julio 2016

Law Commission publishes Interim Statement on Reforming the Deprivation of Liberty Safeguards

Law Commission publishes Interim Statement on Reforming the Deprivation of Liberty Safeguards

27 mayo 2016

What do opinion formers want from new health watchdog NHS Improvement?

What do opinion formers want from new health watchdog NHS Improvement?

23 mayo 2016

Clinical Negligence Scheme for Trusts (CNST) Membership Consultation

Clinical Negligence Scheme for Trusts (CNST) Membership Consultation

01 marzo 2016

Calculating future losses in Fatal Accidents Act claims: From the date of death, or the date of trial?

Calculating future losses in Fatal Accidents Act claims: From the date of death, or the date of trial?

01 febrero 2016

DAC Beachcroft Secures Acquittal In First Corporate Manslaughter Prosecution Against NHS Trust

DAC Beachcroft Secures Acquittal In First Corporate Manslaughter Prosecution Against NHS Trust

01 enero 2016

Claims for care: What happens when the claimant is already injured?

Claims for care: What happens when the claimant is already injured?

01 diciembre 2015

Med-mal: Inquests and closer ties to regulatory action

Med-mal: Inquests and closer ties to regulatory action

01 diciembre 2015

Candour, complaints and litigation

Candour, complaints and litigation

29 septiembre 2015

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Key Contacts

Nigel Montgomery

+44 (0)117 918 2321

nmontgomery@dacbeachcroft.com

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