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General Notes

BCL Law Notes > Medical Law and Ethics Notes

This is an extract of our General document, which we sell as part of our Medical Law and Ethics Notes collection written by the top tier of University Of Oxford students.

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GENERAL RES IPSA LOQUITUR

1. Cassidy v Ministry of Health - claimant attended hospital due to a problem affecting two fingers, but following an operation and post-operation treatment the problem affected 4 fingers.

2. It's not a legal principle

COMPENSATION CULTURE

1. Morris - 'compensation culture' view puts some people off

2. Leigh (2004) - only about 6,000 claims a year, compared to about a million adverse events. Rather modest figures

3. Simanowitz - litigation crisis is a myth relied upon by the medical profession to avoid proper legal scrutiny

4. Better Regulation Task Force (2004) - 'the compensation culture is a myth; but the cost of this belief is very real'

5. Micahel Jones - says that fears about compensation culture have led to comments about defensive medicine, despite the fact that there is virtually no empirical evidence of this

6. S.1 Compensation Act 2006 - this is directed at problem of defensive medicine and suggests that court should be conscious as to whether it encourages defensive medicine - Williams describes this as a 'phoney' solution

GROWING LITIGATION

1. Harpwood - thinks it's gone up by 1,200% in last 30 years

DEFERENCE TO THE MEDICAL PROFESSION

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