"I unconditionally welcome the book and recommend it to all practitioners and other interested persons in the complete knowledge that, over time, it will stand as being one of the most authoritative books ever published in this area." The Hon. Mr Justice William McKechnie, Judge of the Supreme Court, in the foreword to the first edition of A Practical Guide to Medical Negligence Litigation.
Medical negligence actions are complex, emotive and highly contentious types of tort litigation. This book provides legal practitioners with an explanation of the key legal principles which underpin and govern the law relating to medical negligence litigation.
Plaintiff lawyers should find help and guidance in how to confront and solve the everyday problems and issues which arise in the successful prosecution of a medical negligence action.
This second edition provides comprehensive and authoritative analysis of such claims from the taking of first instructions from the client right through until trial.
Areas covered include:
* breach of duty
* causation
* remoteness of damage
* quantification of damages
* formulation of a medical negligence claim
* assimilation of the key factual information
* inquests into hospital deaths
* medical records
* discovery
* preparation of proofs
* independent expert opinion
* Statute of Limitations
This information is supported by analysis of numerous cases along with practical advice on procedure. The book also includes an appendix with sample precedents.
The new edition has been updated to account for all relevant cases and legislation since 2016 including:
Morrissey v HSE (proper standard of approach to be adopted by cervical cancer screeners)
AC v HSE and Dr B (appropriate standard of care when a doctor assesses suicide risk)
Personal Injuries Assessment Board (Amendment) Act 2019
General Data Protection Regulation
There will be two new chapters:
* National screening programmes and public health policy: This chapter will deal with the standard applicable in respect of misdiagnosis on routine screening in national screening programmes. It will discuss the public policy considerations versus duty of care. This chapter will also discuss the timely issue of informed consent for public vaccination programmes and the issues of mandatory vaccination programmes and the entitlement of health authorities to quarantine people.
* Defective Product Cases and Class Actions/Multi Part Cases-Multi-Party Actions: This chapter will deal with the recent controversies involving hip prosthesis, cardiac valves, breast implants, vaginal mesh devices, ocular lenses and other medical implant devices. It will look at the Multi-Party Actions Bill 2017, which is before the Oireachtas at the moment.
