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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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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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Are up-and-coming surgeons dextrous enough?

Professor Roger Kneebone claims that many of the younger generation now joining the medical profession do not have the learned dexterity of their predecessors. Whilst this is in part attributable to the increased use of computer games and general screen time, our consumer driven society means we throw things away instead of acquiring the skills…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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Patient Consent and Patient Preferences

Patient Consent and Patient Preferences: Why They Matter (and How the NHS can Save Money) ~ by Paul Sankey, Enable Law Do changes to the law governing patient consent create more strain on a health service already in crisis or could they produce some unexpected benefits? And are medical professionals as good as they think…Read Article