Clinical Negligence: A Practitioner's Handbook

Clinical Negligence: A Practitioner's Handbook, Second Edition is an accessible guide to investigating and litigating clinical negligence claims. Written by two leading practitioners in the field, with contributions from members of 1 Crown Office Row, it gives a solicitor's and barrister's perspective on the practical issues that arise during a clinical negligence claim. The book gives a general overview of the law relating to clinical negligence (breach of duty, causation, and quantum) and practical guidance on every aspect of a claim. For ease of navigation, the handbook is organised in an order that follows the typical chronological sequence of a case from initial instruction, risk assessment of prospects of success, NHS and local complaint processes, steps required during the pre-action protocol stage, issue and service of proceedings, exchange of factual and expert evidence, quantification, ADR, and trial. Difficult issues such as fatal cases, secondary victims, and the cost of upbringing (wrongful birth and wrongful life) claims are also covered. Practical guidance is given throughout on matters such as client care, file management, case management (maintaining effective relationships between solicitors, counsel, witnesses, and experts), and funding and running cases profitably (including billing on account and the costs recovery process.) The text features a useful set of precedents; templates, useful websites, and further reading specific to clinical negligence practice are also included.

About the Author

Elizabeth-Anne Gumbel KC is a barrister specialising in clinical negligence and personal injury claims. Lizanne has a reputation for representing claimants with highly complex claims for catastrophic injury. In clinical negligence, she has particular expertise and experience in birth damage and neonatal claims but acts in claims arising in a wide range of circumstances. Lizanne's work also involves multi-party actions. She acted for over 700 Claimants in the litigation against Mr Ian Paterson, Spire Healthcare, and HEFT. Lizanne is now monitoring the distribution of the fund for further claims arising out of Mr Paterson's surgery. She has also been instructed in a number of other multi- party actions including the Winterbourne View claims and the Aston Hall Hospital claims. Richard Lodge is a solicitor and partner at Kingsley Napley LLP specialising in clinical negligence litigation. Richard has a broad experience of clinical negligence litigation with a particular emphasis on catastrophic injury claims involving brain and spinal injury. He is a Law Society Accredited Specialist in Clinical Negligence and a member of the AvMA Specialist Clinical Negligence panel. Richard is recognised as a leading partner in Legal 500 and ranked in Chambers and Partners. Richard has previously published articles in various journals including The Solicitor's Journal and The Expert Witness.