Clinical Negligence, Fifth Edition remains the only text of its kind to cover both medical and legal aspects of medical negligence. Written by a team of 54 experts, it continues to provide the most comprehensive and authoritative guidance on all aspects of clinical negligence claims from bringing an action for damages to presenting expert evidence in court. It also includes detailed consideration of funding and cost implications.
Those needing clear updated guidance to make the best possible preparations for an action will find all they need here.
Updates in the fifth edition
Some of the key developments covered in the new edition are:
New funding regime under Legal Aid, Punishment and Sentencing of Offenders Act 2012
Montgomery v Lanarkshire
The Mid Staffordshire NHS Foundation Trust Public Inquiry (“Francis Report”)
Sienkievicz v Greif
Bailey v Ministry of Defence on causation
Whetstone v MPS and Woodland v Essex County Council on liability of practices
Privatisation of funding access to justice in clinical negligence
New costs regime (QOWCS) under Civil Procedures Rules
Coroners and Justice Act 2009 and secondary legislation
The new edition maintains its easy-to-access, two-part structure. The first part, set out in 17 chapters, deals with legal aspects of medical malpractice, including complaints procedures, poor performance and medical professional governance, preparation of medical evidence, settlements and trial. The final 25 chapters in the second part cover the risks associated with particular areas of specialist medical practice.
About the authors
Dr Michael Powers QC is leader of the Medical Law Group at Clerksroom and acts on behalf of both claimants and defendants.
He has a wide experience of major actions where issues of medical causation arise. He acts on behalf of pharmaceutical companies in group litigation and licensing matters. He also has a leading practice in non-pharmaceutical cases where exposure to chemicals and irradiation have been alleged to cause injury and in heavy professional medical negligence work. Dr. Powers is an Accredited Mediator with the Notre Dame School Law School and has acted as a mediator in claims, particularly relating to professional negligence.
He also has a particular expertise in the law and practice of coroners' courts and he is often instructed in complex medical cases where pharmaceutical/chemical companies have an interest in the outcome of inquests.
Before coming to the Bar, Dr Powers held hospital appointments in a number of specialties including obstetrics and anaesthesia. At the Bar he is an established specialist in a wide variety of medico-legal litigation and is recognised as a leading silk in clinical negligence and product liability. Medical and legal causation of injuries alleged to have been caused by drugs, chemicals and radiation is a particular interest of his.
Advocacy training is a major interest. He is “Grade A” qualified to train tutors of advocacy. He lectures and trains in the UK and overseas and is a member of the Barristers Overseas Advocacy Committee and Vice-Chairman of the Advocacy Training Council. He was elected a Bencher of Lincoln's Inn in 1998.
Dr Anthony Barton is a solicitor (former barrister) and a registered medical practitioner, and also has experience as a coroner in London. His practice areas include medical law, clinical negligence, inquests, and product liability. He has written and spoken widely, particularly on funding litigation and access to justice.