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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
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
1. Harpwood - thinks it's gone up by 1,200% in last 30 years
DEFERENCE TO THE MEDICAL PROFESSION
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