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Why Do People Bring Clinical Negligence Claims?

Why Do People Bring Clinical Negligence Claims? ~ by Paul Sankey, Enable Law Contrary to popular belief, the number of people who bring clinical negligence claims is relatively small. Whilst no figures are available for the number of medical mistakes each year they are thought to be very high. An estimate in 2000 put the…Read Article

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Independent Expert Witnesses

Independent Expert Witnesses: What Does Independence Mean? ~ by Paul Sankey, Enable Law Expert witnesses are required to be independent and impartial. The Civil Procedure Rules say, ‘Expert evidence should be the independent product of the expert uninfluenced by the pressures of litigation’ and ‘Experts should assist the court by providing objective, unbiased opinions on…Read Article

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7 Classic Principles for Expert Witnesses

7 Classic Principles for Expert Witnesses ~ by Paul Sankey, Enable Law In a 1993 shipping case known as The Ikarian Reefer[i] Mr Justice Cresswell set out what are regarded as the classic statement of the duties and responsibilities of expert witnesses. These are principles which have been endorsed by the courts in other cases…Read Article

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Negligent Advice and a Wrongful Birth: a GP’s Liability

Negligent Advice and a Wrongful Birth: a GP’s Liability ~ by Paul Sankey, Enable Law Khan v MNX[1] A decision of the Court of Appeal of Khan v MNX considered the right approach in wrongful birth cases. It also throws light on the scope of a doctor’s duty to a patient. The facts A GP…Read Article

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Is a Hospital Liable for a Receptionist’s Negligent Advice?

Darnley v Croydon Health Services NHS Trust (2018) ~ by Paul Sankey, Enable Law A receptionist in Accident and Emergency tells a patient he would have to wait 4 to 5 hours to see a doctor. The advice is wrong. The patient leaves. He suffers injury as a result. Is the hospital in damages? This…Read Article

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An Expert’s Evidence ‘Fundamentally Flawed’

An Expert’s Evidence ‘Fundamentally Flawed’ ~ by Paul Sankey, Enable Law In a recent case at Winchester County Court, the judge found that an expert’s evidence was fundamentally flawed to the point where he rejected it on every contentious point. The case of Ruffell v Lovatt[1] contains lessons for medical experts. The Claim Mrs Ruffell…Read Article

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Credible medical expert witnesses: the role, knowledge and legal obligations

Credible medical expert witnesses: the role, knowledge and legal obligations ~ by Paul Sankey, Enable Law Providing expert evidence in any legal proceeding is a professional privilege. Doctors can play an important role as expert witnesses in helping courts, tribunals or other dispute resolution processes make informed, fair decisions on cases involving clinical issues. A…Read Article

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Witness Evidence: Is It Just One Person’s Word Against Another’s?

Witness Evidence: Is It Just One Person’s Word Against Another’s? ~ by Paul Sankey, Enable Law Where there is a dispute of facts, people often think it is just one person’s word against another’s. In reality, most of the time it is not. Clinical negligence cases do not normally depend on what witnesses of fact…Read Article