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Why Mediation?

In litigation, a claimant can seek only financial redress. Disputes often arise from a misunderstanding of the details of events or poor communication.  Discussion and explanation can encourage the parties to find common ground. In a mediation, both parties have the opportunity to set out their case and, crucially, to emphasise the issues which matter…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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Bolam is dead. Long live Bolam!

Bolam is dead. Long live Bolam! ~ by Simon Fox QC As a doctor transferring from medicine to law 25 years ago, I was struck by the illogicality of the Bolam test, in that it seemed to me that it couldn’t logically be applied to many circumstances of medical negligence. The most obvious to me,…Read Article

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Annual Expert Witness Conference

First Inspire MediLaw Annual Conference for Medical Experts Inspire MediLaw are excited to announce details of their first Annual Conference for Medical Expert Witnesses.  The conference will be held in Oxford on Tuesday 4 December and will be accredited for 6 CPD hours. The conference will be a great opportunity for medical professionals to network,…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

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Medical Manslaughter by Christian Beadell, Senior Solicitor at Fletchers Solicitors

On 6 February 2018 Jeremy Hunt announce a rapid review into the application of the offence of Gross Negligence Manslaughter (GNM) to healthcare professionals. This flowed from the general outcry into the conviction of Dr Hadiza Bawa-Garba a specialist registrar into the 6th year of her postgraduate training, who was held to be responsible for…Read Article