LPC Law Notes Personal Injury and Clinical Negligence Notes
A collection of the best LPC Personal Injury and Clinical Negligence notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of Personal Injury and Clinical Negligence notes available in the UK thi...
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CLINICAL NEGLIGENCE
CASE ANALYSIS
Summary of facts of medical treatment and consequences – condition and prognosis
Discussions for first interview:
Advantages/disadvantages of issuing proceedings for negligence
Whether client wishes to continue with the existing doctor/patient relationship
How to complain about the service received to the hospital concerned
How to complain about possible professional misconduct of the clinicians concerned
Evidence which should be obtained
Medical notes
Investigate the initial consultation – GP records
Expert evidence
Causation of current deformity
Current condition – prognosis
Liability – whether trust was in breach of its duty here
Documents relating to quantum
Whether the treatment given would be
Proof of loss of earnings
Transport costs
Witness statements from both GPs and NHS Trust
Witness statement from expert GP
Witness statement from claimant
NHS Complaints Procedure – evidence he/she undertook this
Hospital protocols and other healthcare guidance
Existing protocols that exist for this type of injury?
Explain the relevant law and evidence on liability and causation in clinical negligence claims
Who will be the parties to the litigation?
Who the defendant is depends on who provides the treatment
NHS trusts and health authorities
NHS trust hospital is responsible for the acts and omissions of its staff – Cassidy v Ministry of Health (1951) – each NHS trust is a separate legal entity
A hospital authority could not escape liability by reference to its employees if there was negligence during a course of treatment.
A hospital authority was liable for the negligence of professional medical staff employed by the authority under contracts for services as well as contracts of service.
The authority owed a duty of care to give proper treatment for which it remained liable even if it delegated the performance of that treatment.
So the defendant is trust/health authorities and NOT the employee
GPs – backed by defence bodies (do not receive backing from the government)
MDU – Medical Defence Union
MPS - Medical Protection Society
Private doctors – own defence body
Private hospitals - backed by insurance
Other possible defendants e.g. alternative health practitioners
What is the duty of care and has there been any breach of duty?
Established duty of care between medical practitioner and patient
Duty to take reasonable care to avoid acts or omissions which would cause reasonably foreseeable loss and damage
Examples of duties owed by medical professionals
To properly assess the patient’s condition
To be readily accessible to meet the patient’s need
To keep the client informed
To prescribe and administer drugs
To avoid omissions
To regularly assess progress
Make enquiries – e.g. nature of complaint, medical history
Referral to another professional if necessary
Keep good notes and inform patient
Prepare for any operation
Standard of care
The standard is that of the ordinary skilled doctor skilled in that particular art
If a doctor holds himself as performing a skilled practice, he is assessed by reference to that skill – Wilsher v Essex
Challenges
Different schools of thought
Difficult illness
Understanding clinician’s actions
Bolan v Friern Hospital [1957] – any breach of duty is judged by the standard of a reasonable body of medical opinion
Mcnair J - Bolam test (the ratio):
Acted in accordance with practice accepted as proper? 10% rule
By responsible body of medical people?
Skilled in that particular art?
If YES to all questions > not negligent
This was considered in Bolitho v City and Hackney HA [1997]
The court added that the practice and body of opinion relied upon must have a logical basis
On these facts: [EXPLAIN THE BREACHES IN THE SCENARIO]
What is the law on causation? What arguments might the defendant raise?
But for test - the claimant has to satisfy the court that, on a balance of probabilities, but for defendant’s breach, he would not have suffered the injury – Barnett v Chelsea [1969]
Claimant does NOT have to prove defendant’s breach was the sole cause, only that the breach made a material contribution to the injury
Apply to the facts: was the [DISEASE/ILLNESS/INJURY] suffered by [THE PATIENT] caused by [THE SAID ERRORS OR OMISSIONS]?
Causation
Did breach cause damage?
Even a correct operation might not have succeeded
Breach might not have caused current suffering
Causation and loss of a chance - Hotson v East Berkshire HA [1987]
Claimant cannot claim for loss of a prospect of recovery where the chance of recovery is less than 50% -
Causation and failure to warn - Chester v Afshar [2004]
If the doctor does not advise patient of risks of treatment, and claimant would NOT have had the treatment if she had known of the risks, causation is established
Causation and failure to attend - Bolitho v City and Hackney HA [1997] – 2 stages
What would the doctor have done if she had attended?
Would what the doctor would have done have been negligent?
Other possible causes of action
Compensation
Manslaughter – convictions rare
Could a complaint or disciplinary proceedings be pursued instead or as well as litigation?
Practical point: depends what [the claimant] wants to achieve
Complaints/disciplinary proceedings
Principle 4 – best interests of client
Involves exploring alternatives to litigation
NHS complaints procedure – local
Write a letter to Chief Executive Officer of NHS body within 1 year
Separate from disciplinary procedures
For a complaint to a specific medical professional – see p. 83 textbook
Contact GMC or NMC
If not satisfied with the initial result,
Go to Ombudsman – national level
MEDICAL EXPERTS
Condition and prognosis
Get claimant’s...
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A collection of the best LPC Personal Injury and Clinical Negligence notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of Personal Injury and Clinical Negligence notes available in the UK thi...
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