Personskader

The current state of the law regarding material contribution in clinical negligence appears complicated and uncertain. This book charts the evolution of material contribution as a concept in causation from its original application in occupational disease cases to its more recent analysis in the context of clinical negligence.As with many areas of common law, the courts have attempted to define the factual characteristics of cases where material contribution causation can apply. It is commonly plead in clinical negligence where there are a range of potentially causative agents in operation and where the limitations of medical science prevent the application of traditional 'but for' causation. The courts have sought to categorise injuries and diseases in respect of their characteristics of 'divisibility' and 'indivisibility'. These terms have not however been applied and interpreted consistently. It is anticipated that clarification will be provided by the Supreme Court in due course.The aim of this book is to set out the legal landscape as it stands and provide practical assistance to enable claimants and defendants to argue their cases in causation.ABOUT THE AUTHORRhodri Jones is a barrister at St John's Chambers. He specialises in clinical negligence and inquests, acting for both claimants and defendants. Before retraining as a barrister Rhodri practiced as a medical doctor for 18 years, principally in A&E and general practice.CONTENTSIntroductionChapter One - Fundamentals of Material ContributionChapter Two - Categories of Disease and InjuryPART ONE: ORIGINS OF MATERIAL CONTRIBUTION IN OCCUPATIONAL DISEASE Chapter Three - A Single Causative Agent From Two SourcesChapter Four - Material Contribution to the RiskChapter Five - Recent Occupational Disease Cases Considering Material ContributionPART TWO: CLINICAL NEGLIGENCEChapter Six - Unsuccessful Application of Material Contribution in Clinical NegligenceChapter Seven - Successful Application of Material Contribution in Clinical NegligenceChapter Eight - ApportionmentChapter Nine - Consecutive and Concurrent Causative AgentsChapter Ten - Limitations on the Application of Material ContributionChapter Eleven - Material Contribution in Birth Injury CasesChapter Twelve - Material Contribution in Brain Injury CasesChapter Thirteen - Material Contribution in Psychiatric Injury CasesChapter Fourteen - Overall Conclusions

The right to compensation for injuries caused by another's fault has been protected for over 3,700 years since The Code of Hammurabi. The expanded 3rd Edition of 'A Practical Approach to Clinical Negligence' provides clear guidance for practitioners from funding through to trial and settlement using over 400 cases supported by legislative and other reference materials. New topics include Keefe Benevolence, Notices to Admit Facts, judgement embargoes and service by NFTs as well as updated material on the topics covered in the previous editions.Geoff Simpson-Scott uses his 20 years' experience as a specialist clinical negligence solicitor to help practitioners strike a fair balance between protecting the interests of justice; patient safety; and full compensation at proportionate cost. This 3rd Edition contains a Foreword by Joel Donovan, KC (Cloisters) and an Afterword by Paul Whiteing (AvMA). Geoff is a Partner at Hodge Jones & Allen and will donate his royalties from this edition to the Millie Mittoo Children's Project.TESTIMONIALS'A Practical Approach to Clinical Negligence Post-Jackson' "is richly informed by Geoff's professional insights and his enthusiasm for good practice"- Joel Donovan, QC.CONTENTSChapter 1: Costs & FundingChapter 2: Core Legal PrinciplesChapter 3: Pre-Action PreparationChapter 4: Issue & Service of ProceedingsChapter 5: Case ManagementChapter 6: Factual EvidenceChapter 7: Expert EvidenceChapter 8: Trial & Settlement

This Practical Guide to Dental Negligence Litigation provides helpful information for lawyers who are running dental negligence cases, be that for Claimant or Defendant.The book is aimed at students and practising lawyers and gives a gentle introduction to understanding dental records and also advice and tips for running dental negligence cases as separate from clinical negligence matters.ABOUT THE AUTHORLouisa Sherlock is dual qualified in dentistry and law. She practised as a dental surgeon for over a decade, both within the NHS and privately. As well as treating patients, she assisted with the running of a busy NHS practice and helped staff to prepare for CQC inspections.Louisa carried out further training in the field of dentistry, completing a two-year diploma to become a member of the Joint Dental Faculties of the Royal College of Surgeons of England, London. Following a further qualification in aesthetic dentistry, Louisa developed a private practice involving cosmetic dentistry, invisible orthodontics and facial aesthetics. She also did some work for a nationwide facial aesthetics company. In addition, Louisa was a member of her Local Dental Committee for several years.Throughout her legal training, Louisa received numerous awards, including the Lord Denning scholarship from Lincoln's Inn.Louisa was called to the Bar in 2018 and is a member of No5 Chambers based in Birmingham and London. Most of her work is in the field of clinical negligence and personal injury. She regularly provides lectures to dental surgeons and experts on relevant legal matters as part of their Continuing Professional Development, and cross-examines experts as part of their assessments with the Expert Witness Institute.CONTENTSChapter One - Introduction to DentistryChapter Two - Breach of DutyChapter Three - CausationChapter Four - Contributory NegligenceChapter Five - ConsentChapter Six - Expert Evidence - Which Expert to InstructChapter Seven - QuantumChapter Eight - Non-Delegable Duty of Care and Vicarious Liability in Dental Negligence CasesChapter Nine - Procedural Matters in Dental Negligence CasesChapter Ten - Conclusion

The HSE has identified silica as the greatest risk to construction workers after asbestos. Despite not only the risks of respiratory crystalline silica being well known, but also clear evidence that it is attributable to hundreds of deaths per year in the UK, to date, there has not been the level of litigation that may be suspected given the size of the problem.Recently the work of the HSE, the All Party Parliamentary Group on Respiratory Health, combined with increasing litigation in the USA and Australia has shone a light again on the problems caused by respiratory silica. With increasing publicity and awareness, for both individuals and medical professionals, there is forecast to be an increase in litigation.This book is a practical guide for both Claimant and Defendant lawyers involved in this litigation; covering all stages of the litigation process, including the historical knowledge of the problems caused by silica, injuries attributable to silica and how these claims can be brought.ABOUT THE AUTHORHelen Pagett was called to the Bar by Inner Temple in 2008. She is a tenant at Crown Office Chambers and specialises in personal injury, disease, clinical negligence and inquests, including where there are fraud and fundamental dishonesty allegations. Her practice has rapidly progressed to dealing with complex and high-value claims. Before coming to the Bar, Helen read Natural Sciences at Durham University before being awarded a Wellcome Trust Studentship to complete an MA in History and Philosophy of Science and Medicine. She then converted to law at BPP Law School. She was appointed a Deputy District Judge in 2019 and sits on the South Eastern Circuit.CONTENTSChapter One - IntroductionChapter Two - What Is Silica and Respirable Crystalline Silica?Chapter Three - a Brief History of the Awareness of the Risks Posed by Exposure to Respirable Crystalline SilicaChapter Four - Duty of Care and Statutory DutiesChapter Five - Breach of Duty of Care and Statutory DutiesChapter Six - CausationChapter Seven - DamagesChapter Eight - LimitationChapter Nine - Pre-LitigationChapter Ten - Litigation

In recent years, it has become increasingly common for consumers to travel abroad for cosmetic surgical and dental procedures. Consumers may be enticed to go abroad from seeing surgical packages advertised on social media, such as TikTok or Instagram, which may be cheaper than private treatment costs in the United Kingdom and may entail a stay at a luxury hotel. Unfortunately, things can and do go wrong. When consumers suffer with complications arising from their procedures or an outcome that they are dissatisfied with, it may be the case that there has been causative negligence by the foreign surgeon and/or clinic such that proceedings are contemplated.However, cross-border clinical negligence claims can be challenging to handle and bring with them a number of issues. Unlike a standard clinical negligence claim, practitioners often face additional complexities, such as whether England and Wales is the appropriate forum to hear the claim, as well as questions as to what the applicable law of the claim is.This book provides practical guidance to practitioners handling cross-border clinical negligence claims, covering issues including jurisdiction and applicable law, deaths abroad and inquests, applicable standards, expert evidence, and different types of claim.ABOUT THE AUTHORDominique Smith is a barrister at Deka Chambers, specialising in travel law, inquests, clinical negligence, and personal injury. She has a busy court practice, with a particular interest in cross-border clinical negligence disputes and complex personal injury claims. Dominique is known for her expertise in respect of jurisdictional issues and package travel contracts. She often acts in multi-injury claims in the County Court and High Court, for both claimants and defendants.Dominique has been recognised as a 'rising star' in travel law for several years in the Legal 500 and is also ranked in Chambers and Partners. She is a co-author of the leading travel textbook, Saggerson on Travel Law and Litigation, published in 2022, with this book being her second publication.CONTENTSChapter One - IntroductionChapter Two - Deaths Abroad and InquestsChapter Three - Package Travel Clinical Negligence ClaimsChapter Four - Non-Package Contract Clinical Negligence ClaimsChapter Five - JurisdictionChapter Six - Applicable LawChapter Seven - Applicable StandardsChapter Eight - Expert EvidenceChapter Nine - Contribution ClaimsChapter Ten - Quantum

In this book, Jake Rowley will provide a concise and practical consideration of the law and practice relating to 'low velocity impact' (or "LVI") road traffic accidents. Amongst other topics, the book will consider what is meant by the term 'LVI'; the tell-tale signs of a potential LVI claim; the key authorities setting out the the law in this area; the procedural steps which Defendants will likely need to take in order to advance allegations of LVI; the sorts of evidence which features in such claims and when, and how, it should be obtained and deployed; and how such cases are approached by Judges at trial.The book is written with Claimant and Defendant practitioners, and insurers, in mind.ABOUT THE AUTHORJake Rowley is a barrister at Farrar's Building specialising in high value and complex personal injury litigation. He has extensive experience of proceedings arising out of road traffic accidents and claims involving allegations of LVI.He is well versed in the applicable legal principles relating to LVI cases as well as the varying forms of evidence regularly encountered in such claims including forensic engineering evidence dealing with damage consistency and/or occupancy displacement; expert medical evidence; insurer's CUE database searches; and social media evidence. Jake is known for his meticulous and forensic approach to considering the available evidence in LVI cases, which enables him to settle robust pleadings and give sensible and pragmatic advice on tactics and prospects of success in advance of trial. He prides himself on conducting thorough and robust cross-examinations of witnesses at trial. Jake's LVI practice is complemented by his significant experience of cases involving allegations of fraud/fundamental dishonesty.Jake is instructed on behalf of the UK's biggest and most well-known motor insurers and is regularly invited to speak or provide training in this area to both solicitors and insurers.¿This is Jake's second book published by Law Brief Publishing. His first book, "Fundamental Dishonesty and QOCS in in Personal Injury Proceedings: Law and Practice", ¿is also available here.CONTENTSChapter 1 - What Is a Low Velocity Impact Claim?Chapter 2 - Hallmarks of a LVI CollisionChapter 3 - Pre-Action ConductChapter 4 - The Two Key Court of Appeal Cases: Kearsley and CaseyChapter 5 - Expert EvidenceChapter 6 - Medical Records and Further Sources of Evidence/InformationChapter 7 - Success or Failure at TrialChapter 8 - Concluding Observations

You only have control over three things in your life-the thoughts you think, the images you visualize, and the actions you take.-Jack CanfieldIn the aftermath of unthinkable loss or catastrophic injury caused by the negligence of others, shock, uncertainty, and anger set in. You can't change what happened, but you can control your next steps with a plan-one that will help your family tackle the challenges ahead and ease the overwhelming burden. Few understand this more than nationally recognized lawyer Kyle Bachus. With more than twenty-five years of experience representing families in catastrophic injury and death cases, Kyle gained first-hand knowledge of his clients' experiences when his own mother was struck and killed in a crosswalk. Now, in Unthinkable, Kyle provides a practical roadmap for navigating a path that no one chooses. He takes you through the process in chronological order, from what to expect in the police investigation to your rights as a victim and claiming victim's compensation. You'll gain the tools you need to handle numerous issues and unforeseen questions in the aftermath of tragedy, including insight into your options for holding those at fault accountable through the civil justice system. An invaluable asset for anyone struggling with next steps (or knows someone who is), Unthinkable is the guidance you need to control what you can, gain peace of mind, and focus on what truly counts.

You only have control over three things in your life-the thoughts you think, the images you visualize, and the actions you take. -Jack CanfieldIn the aftermath of unthinkable loss or catastrophic injury caused by the negligence of others, shock, uncertainty, and anger set in. You can't change what happened, but you can control your next steps with a plan-one that will help your family tackle the challenges ahead and ease the overwhelming burden. Few understand this more than nationally recognized lawyer Kyle Bachus. With more than twenty-five years of experience representing families in catastrophic injury and death cases, Kyle gained first-hand knowledge of his clients' experiences when his own mother was struck and killed in a crosswalk. Now, in Unthinkable, Kyle provides a practical roadmap for navigating a path that no one chooses. He takes you through the process in chronological order, from what to expect in the police investigation to your rights as a victim and claiming victim's compensation. You'll gain the tools you need to handle numerous issues and unforeseen questions in the aftermath of tragedy, including insight into your options for holding those at fault accountable through the civil justice system. An invaluable asset for anyone struggling with next steps (or knows someone who is), Unthinkable is the guidance you need to control what you can, gain peace of mind, and focus on what truly counts.

This new edition of this leading work comprehensively revises and updates classic topics. Existing case law is placed in a practical context and the many new developments in the law are discussed in detail.

Bogen omhandler udmålingen af erstatning for personskade og forsørgertab efter reglerne i erstatningsansvarsloven.Fremstillingen bygger navnlig på indgående analyser af især de seneste 15-20 års retspraksis og er dermed den mest omfattende, ajourførte behandling af emnet i den retsvidenskabelige litteratur.Bogen behandler ikke kun udmålingen af de enkelte erstatnings- og godtgørelsesposter, men også reguleringen af erstatningskrav i øvrigt – også efter regler uden for erstatningsansvarsloven (f.eks. om forældelse). Et særligt kapital omhandler forholdet mellem erstatninger efter erstatningsansvarsloven og efter arbejdsskadesikringsloven med analyser af de såkaldte differencekrav på grundlag af redegørelser for forskelle og ligheder mellem de to erstatningssystemer.