Medical Negligence Litigation. (2022)

• Record Type: Book
• Further Information: Note: Michael Boylan.
• Authors: Boylan, Michael
• Contents: Chapter 1 The Legal Principles for Establishing Medical NegligenceBreach of duty – early Irish casesThe reasonable standard testThe concept of 'honest difference of opinion'The UK positionThe concepts of general and approved practice and inherent defectsInherent defects in general and approved practicePolicy considerationsThe six general principles in Dunne v National Maternity HospitalStandard of care required of nursesIssues of vicarious liabilityJoint tortfeasors, claims for contribution and indemnityRes ipsa loquiturChapter 2 Causation in Medical Negligence ClaimsIntroductionDisputes of factual causationThe tests of legal causationThe 'but for' testDevelopments towards an alternative test for causationThe classic case of Bonnington Castings Ltd v WardlawExamples of the application of the Bonnington Castings principleCan a 'material increase in the risk of injury' amount to a material contribution?Several possible causes – some tortious, others innocentEstablishing material contribution causation in medical negligence casesApportionment of damages: guilty and innocent damage Causation and foreseeability Canadian decisionsAustralian authorityIrish authorityConclusionChapter 3 Loss of ChanceThe position in Ireland: Philip v RyanThe position in the UKChapter 4 Informed ConsentHistorical origins of the doctrineMedical paternalismTowards patient self-determinationThe reasonable patient testUK jurisprudenceConsent evidenced in writingAutonomy and the right to refuse medical treatment'Capacity' to refuse treatmentInformed consent and causationChapter 5 Assimilating Essential Factual InformationMedical records – check listHospital complaints proceduresHospital protocols and guidelinesChapter 6 Inquests into Hospital DeathsCoroner's power to appoint an independent medical expert Entitlement to legal aid for representation at inquestsThe scope and function of an inquestInquest may investigate surrounding circumstancesThe practical effect of the authoritiesChapter 7 Are There Reasonable Grounds to Pursue a Claim?The requirement to have supportive expert evidenceCausation issues: differentiating between the effects of poor treatment and the underlying pathologyLoss of chanceOnus of proofSelecting the right cases to take on Chapter 8 Statute of Limitations and its Impact on Medical Negligence Litigation'Date of knowledge'Issuing proceedings without an expert report to prevent a claim becoming statute barredOrder 1AChapter 9 Delay in Commencing ProceedingsChapter 10 Commencement of Proceedings (Pleadings, Parties and Preparations for Trial)Exclusion of medical negligence claims from the Injuries Board jurisdictionWho to sue? – minimise the number of defendantsImpact of Civil Liability and Courts Act 2004Letter of claimThe personal injury summonsMediationFormal offersUrgent casesNon-urgent casesNotice for particularsDefencePreparations for trialWards of courtTrial Chapter 11 Discovery in Medical Negligence ActionsWhat documents are material and relevant?The meaning of 'necessary for fairly disposing of the cause or matter'Is there a requirement to exhaust other procedures before seeking discovery?Legal professional privilege and the 'dominant purpose test'Voluntary or by order of court Scope of discovery (seeking documents other than the medical records)Inspection of original medical recordsChapter 12 Briefing Medical ExpertsDuties of the expert witnessExperts appointed by the courtRules relating to disclosure of expert reports Are an expert's commentaries on another party's reports disclosable?Disclosure of documents referred to in expert report Exchange of reportsChapter 13 Medical RecordsThe evidentiary importance of medical recordsNecessity for oral evidence to prove medical recordsAdverse inferences from not calling author of records Adverse inferences from poor note taking Chapter 14 Formulating the Claim for Damages in Serious/Catastrophic Injury CasesThe aim of compensation (restitutio in integrum – full compensation principle)Developments in IrelandSpecific heads of damageChapter 15 Life Expectancy IssuesRoyal Victoria Infirmary and Associated Hospitals Trust v B (A Child)Court's preference for medical evidence over statistical evidence?Chapter 16 Structured Settlements, Periodic Payment OrdersThe traditional lump sum awardRisk of plaintiff being undercompensated in a lump sum award What can the plaintiff do faced with under-compensation?Developments in the UKRecent developments in IrelandPeriodical payments versus lump sum approach The current position in the UKWhat is currently happening with catastrophic injury claims in Ireland?Civil Liability Amendment Bill 2015: a false dawn?Chapter 17 Birth Injury LitigationEssential criteria for a successful birth injury claim Establishing breach of dutyNegligent antenatal careAlleged failure of care provided during labour (intrapartum care)Injuries during the neonatal period due to paediatric negligenceHow to go about trying to prove breach of dutyThe problem of establishing a causal link between the disability (CP) and intrapartum eventsEssential criteria to link cerebral palsy to labour eventsDecided Irish birth injury casesMost common allegations of negligence Chapter 18 Medical Negligence Litigation: Reform ProposalsHIQA Report into the Portlaoise Maternity Hospital (2015)Why patients sue?'Doubling up' of investigations of adverse eventsProblems with the tort-based current systemEquality of arms Initiatives for reform and changeProposed reforms in IrelandReforms proposed by the MPSA legal duty of candourJudicial Working Group on Medical NegligencePre-action protocolsCase managementAppendix – Precedents.
• Edition: Second edition
• Publisher Details: London : Bloomsbury Professional
• Publication Date: 2022
• Extent: 1 online resource (448 pages)
• Subjects: Law -- Medical Law & Legislation; Law -- Litigation; Civil procedure, litigation & dispute resolution
• Languages: English
• ISBNs: 9781526521750
• Related ISBNs: 152652175X
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.