Negligence Books

Book SynopsisA comprehensive and accessible overview of the law regarding medical negligence in India under the Consumer Protection Act, the law of torts, as well as the Penal Code. It analyses all major cases to date, and also discusses medicine and ethics, the duties of doctors, defences available to doctors, potential areas of litigation, and the significance of 'consent' of patients, as well as ways of preventing litigation.Table of Contents1: Introduction 2: Cause and Effect of Doctor Patient Conflict 3: Rights and Responsibilities of Patient 4: Medical Negligence and Civil laws 5: Doctor Patient Relationship and Informed Consent 6: Compensation Based on Law of Torts 7: Consumer Protection Act and Medical Profession: Selected Provisions of the Act 8: Procedure Adopted by Consumer Forum for Medical Negligence Case: Rules and Regulations 9: Defence of the Doctor 10: Liability of Medical Professionals under Criminal law 11: Prevention of Malpractice Litigation 12: Malpractice Litigation in Obstetrics and Gynaecology 13: Litigation in Surgery 14: Litigation in Anaesthesia 15: Medical negligence in Medicine 16: Litigation in Miscellaneous Disciplines of Medical Science Appendix: Statistics and Studies on Medical Services and Malpractice Suits

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Book SynopsisThis book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A new structure through which duty problems can be analysed is also proposed. It is hoped that the book provides some fresh insights and clarity of the concept to the reader.Trade ReviewPlunkett’s book will prove a valuable guide to everyone involved in this area of law as to how we should approach duty of care issues in future. -- Nick McBride, Pembroke College, University of Cambridge * The Journal of Professional Negligence *Given that the law on duty of care is highly contested and performs a normative function, it is a testament to Plunkett’s writing that I found myself agreeing with most of his arguments... I cannot recommend this thoroughly researched and elegantly written monograph highly enough. -- Craig Purshouse, School of Law, University of Leeds * Modern Law Review *This book would be of interest to practitioners, academics and the judiciary alike. Clearly written and cogently argued, this book succeeds in increasing its reader’s understanding of this almost mystical concept. -- Val Corbett * Tort Law and Litigation Review *The Duty of Care in Negligence provides a useful consolidation of the historical and modern evolution of duty and a thoughtful critique of some current scholarly debates. -- Erika Chamberlain, University of Western Ontario * Cambridge Law Journal *Table of Contents1. Introduction I. What is the Duty of Care? II. Making Sense of the Duty of Care III. The Aim of this Book IV. The Structure of this Book V. Scope and Terminology 2. The Historical Foundations of the Duty of Care I. Introduction II. The Beginnings of the Duty of Care III. Towards a General Conception IV. Conclusion 3. Methods for Determining the Existence of a Duty of Care I. Introduction II. The Aftermath of Donoghue v Stevenson III. The Staggering March of Negligence IV. The Rise and Fall of Anns v Merton V. Caparo VI. Canada and the ‘Two Stage’ Test VII. Assumption of Responsibility and the ‘Extended’ Hedley Byrne Principle VIII. Australia and the ‘Salient Features’ Test IX. Pockets X. Incrementalism XI. Conclusion 4. Factual Duty I. Introduction II. The Dual Function of Duty III. Factual Duty, Fault, and Remoteness IV. Factual Duty and the Problem of the Unforeseeable Plaintiff V. Why Factual Duty Entered the Duty Enquiry and Why it Remains VI. Why Does it Matter? VII. Conclusion 5. Notional Duty I: General Principles I. Introduction II. The ‘Categorical’ Nature of Notional Duty III. Assumptions of Responsibility IV. Putting it all Together: The Structure of the Notional Duty Enquiry V. A Suggested Approach to Resolving Notional Duty Problems VI. Conclusion 6. Notional Duty II: Theoretical Issues I. Introduction II. The Use of Policy Considerations III. The Need for Notional Duty IV. Conclusion 7. Comparing the Duty Methodologies of Australia, Canada and the UK I. Introduction II. The Study III. The Competing Methodologies IV. Conclusion 8. Conclusion I. Introduction II. Moving Forward III. Conclusion

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Book SynopsisThis book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory case law. The book analyses the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. The book argues that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. It develops the work of Ernest Weinribian corrective justice theorists to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application.Table of Contents1. Introduction 2. Theoretical Perspectives 3. The Tort–Crime Interface 4. Policy and Discretion 5. The Connection Tests 6. Overview of the Coherence Rationale 7. Statutory Purpose 8. No Loss or Damage: Sanction-shifting and Related Claims 9. No Loss or Damage: Illegal Profits and Earnings 10. A Relational Explanation: Joint Illegal Enterprise Cases 11. Conclusion

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Book SynopsisThe only practitioner’s guide to the law of property damage, it is a “must have” for anyone practising in property damage claims. This text provides comprehensive, up-to-date analysis of the legal principles and practical concerns in fire, gas, natural hazards, escape of water, subsidence, party walls and pollution claims and excellent, learned examination of claims under the Defective Premises Act and the Consumer Protection Act. The book cements its unique utility by analysing, over three additional and separate chapters, the general principles of contract law, tortious liability and insurance law as they relate and are relevant to property damage claims. This allows practitioners, judges, academics and students to easily and efficiently come to grips with the idiosyncrasies of property damage law but also to understand how the general principles of contract, tort and insurance law relate and interact with property damage claims. Written as a handbook for practitioners, it also offers practical, user-friendly guidance for conducting property damage litigation. This title is included in Bloomsbury Professional's Property and Land Law online service.

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Book SynopsisThe Law of Solicitors' Liabilities, previously known as Solicitors' Negligence and Liability, provides a comprehensive guide to all aspects of solicitors’ negligence, liability in equity and wasted costs. Written by leading practitioners in the field, it deals with a variety of topics, from general principles to specific situations, providing practical guidance to the procedural aspects of bringing and defending a claim for solicitors’ negligence. The new fourth edition includes: - A new chapter on insurance law focusing on a number of key topics which arise, particularly in relation to solicitors’ insurance: aggregation; condonation; definition of private legal practice; notification; possibly successor practice rules. - Updated case law to cover all recent Supreme Court and Court of Appeal decisions, eg Hughes-Holland v BPE (Supreme Court) scope of duty and extent of damages; Redler v AIB (Supreme Court): breach of trust; Lowick Rose v Swynson (Supreme Court): lifting the corporate veil in claims against professionals; Tiuta International v de Villiers (Court of Appeal): lenders’ claims, impact of a remortgage on damages; Wellesley v Withers (Court of Appeal): test for remoteness of damage; and E Surv v Goldsmith Williams (Court of Appeal): implied duty on solicitors in lenders’ claims. - Regulatory/disciplinary developments, eg revised SRA Code of Conduct. This title is included in Bloomsbury Professional's Professional Negligence Law online service.Trade ReviewThis is a book which has gone from strength to strength. * The Commonwealth Lawyer *The book is both succinct and comprehensive, and I shall have no hesitation in making it my first port of call when required to research a knotty point about solicitors. * Gregory Treverton-Jones QC, The Law Society Gazette *Table of ContentsSection A Civil Law Claims Part 1 General Principles Chapter 1 The solicitor’s duties in contract and tort Chapter 2 Breach of duty Chapter 3 Causation and quantum of damages in contract and tort Chapter 4 Claims in equity Chapter 5 Authority, vicarious liability and undertakings Chapter 6 Solicitors’ duties of confidentiality Chapter 7 Limitation Chapter 8 Contributory negligence and contribution Part 2 Specific Claims Chapter 9 Real Estate Chapter 10 Lenders’ claims Chapter 11 Wills, estates and trusts Chapter 12 Litigation Part 3 Procedure Chapter 13 Costs orders against solicitors Chapter 14 Disclosure and privilege Section B Professional Regulation And Discipline Chapter 15 The regulation of solicitors Chapter 16 Disciplinary proceedings Chapter 17 Insurance

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Book Synopsis"I would highly recommend this book...It is high quality, clear and comprehensive and will no doubt prove an invaluable source of reference. Five stars on all counts." Tim Kevan, co-editor, PIBULJ.COM This book remains the only text of its kind to cover both the medical and legal aspects of medical negligence. Written by a team of more than 60 experts, it continues to provide the most comprehensive and authoritative guidance on all aspects of clinical negligence claims, from bringing an action for damages to presenting expert evidence in court. It also includes detailed consideration of funding and cost implications. Those needing clear guidance to make the best possible preparations for an action will find all they need here. The new 6th edition has been fully revised and restructured, including new chapters on the future of clinical negligence litigation, cardiology, gynaecology, obstetrics, haematology , and also includes coverage and analysis of recent key cases such as: - Williams v Bermuda Hospitals [2016] UKPC 4 (causation) - R (on the application of Maughan) v HM Senior Coroner for Oxfordshire [2020] UKSC 46 (suicide in inquests) - Darnley v Croydon Health Authority [2018] UKSC 50 (duty of care owed by receptionist) - ABC v St George's Hosp [2020] EWHC 455 (Huntington's chorea confidentiality) - Swift v Carpenter [2020] EWCA Civ 1295 (future accommodation costs) - Whittington Hospital NHS Trust v XX [2020] UKSC 14 (damages for surrogacy) - Khan v Meadows [2021] UKSC 21 (scope of duty of care) - Nguyen v HM Assistant Coroner for Inner West London [2021] EWHC 3354 (sufficiency of inquiry) Easy-to-access structure The new edition maintains its easy-to-access, two-part structure. The first part, set out in 16 chapters, deals with legal aspects of medical malpractice, including complaints procedures, poor performance and medical professional governance, preparation of medical evidence, settlements and trial. There are also chapters on product liability, and coronial law. The final 27 chapters in the second part cover the risks associated with particular areas of specialist medical practice. This title is included in Bloomsbury Professional's Clinical Negligence online service.Trade ReviewThere are certain law books that stand out as in a class of their own and this fifth edition of 'Clinical Negligence' stands tall among them... I would highly recommend this book for those practising in this area. It is high quality, clear and comprehensive and will no doubt prove an invaluable source of reference. Five stars on all counts. -- Tim Kevan * PIBULJ.COM *It retains its place as a key guide for practitioners in this area.I have been looking forward to the new edition and am notdisappointed. There is little in the field of clinical negligence that is not at least touched upon and the text either provides useful guidance (procedural or medical) or at least points in the right direction. -- Phillipa Luscumbe, Partner, PI, Penningtons * NLJ March 2016 *Table of ContentsForeword Preface Contributors Table of Statutes Table of Cases Chapter 1 Clinical Negligence Litigation: the Problem, the Solution - the Future? Chapter 2 The Law Chapter 3 Improving Safety, Reducing Harm and Subsequent Claims Chapter 4 The Role of NHS Resolution Chapter 5 Human Rights Chapter 6 Compensation Schemes Chapter 7 Funding Clinical Negligence Claims Chapter 8 The Coroner’s Inquest Chapter 9 The Duties of the Expert Witness and the Medical Expert Reporting Process Chapter 10 The Conduct of Proceedings Chapter 11 Consent Chapter 12 Limitation of Actions Chapter 13 Product Liability for Medical Products Chapter 14 Damages Awards: Lump Sums and Periodical Payments Chapter 15 Causation Chapter 16 Epidemiology and Statistics in Litigation Chapter 17 Negligence in General Practice Chapter 18 Emergency Medicine Chapter 19 Cardiology Chapter 20 Endocrinology Chapter 21 Neurology Chapter 22 Oncology Chapter 23 Psychiatry Chapter 24 Litigation in Clinical Radiology Chapter 25 Ophthalmology Chapter 26 General Surgery Chapter 27 Vascular Surgery Chapter 28 Chronic Pain Chapter 29 Anaesthesia Chapter 30 Neurosurgery Chapter 31 Spinal Surgery Chapter 32 Otolaryngology – Head and Neck Surgery Chapter 33 Orthopaedics Chapter 34 Urological Surgery Chapter 35 Cardiothoracic Surgery Chapter 36 Dental Surgery Chapter 37 Obstetrics Chapter 38 Gynaecology Chapter 39 Neonatology Chapter 40 Imaging for Perinatal and Early Childhood Neurological Problems Chapter 41 Medicolegal Issues in Haematology Index

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Book SynopsisEveryone seeks to avoid getting into a lawsuit, but what do you do if this does happen? Getting sued for medical malpractice is one of the most traumatic events of a physician''s career. This text will guide doctors and physicians through the process from the moment they receive a summons until the after-trial appeal process. Containing valuable information that physicians need to know to prevent making critical mistakes that can hurt their case With strategies explained to maximize their chances of a defendant''s verdict. Including vital information on how to change your attorney, act at the deposition and dress for court, Navigating through what is a mysterious and terrifying process in non-legalese language that is easy to understand including what makes patients angry, strategies for coping, sample questions and tips on answering them to what happens in court and how to continue if there is a bad outcome.Trade Review" This excellent and thorough book on malpractice should be on every practicing physician's bookshelves." (Doody's, 2 March 2012) Table of ContentsAcknowledgments. Foreword. Introduction. Section 1: The long road to trial. 1 You've been served! Now what? Questions to ask your insurer about your policy. What are the options if your employer purchases your insurance policy and dictates the terms? When and how to report a claim. A few pitfalls to avoid after you’ve been sued. 2 What is medical malpractice? The criteria of physician legally defined malpractice. EMTALA issues. Complaints to the medical board. Alternative Dispute Resolution (ADR). 3 How to choose an attorney. Questions to ask your attorney. Conflicts of Interest. Problems with the Hospital as co-defendant. How do you change your attorney? 4 Coping with a medical malpractice lawsuit. Kübler-Ross five stages of grief. Maslow five stages of needs. Strategies for coping. 5 Before the deposition. Differences between federal and state court. Addressing the complaint. The discovery phase begins. Meeting with your attorney. The in-house physician review. 6 Nail the deposition. Preparing for the deposition. Dealing with co-defendant issues. General deposition rules and tips. Sample question and answer scenarios. 7 All about experts. Expert qualifications. Daubert rules regarding medical expert testimony. The defense expert. The plaintiff 's expert. Using the plaintiff 's expert to help your case. What if their expert is lying? 8 Pretrial countdown. Reviewing your deposition. Motions to dismiss the case. Should you settle your case? Preparing for trial. 9 The trial. Rules to follow when in court, e.g. How you should dress. Jury selection. The cross-examination with tips and question and answer scenarios. Jury Deliberation. Damages. 10 What to do if you lose. What are the steps to getting an appeal? Can you get your attorney to file an appeal? Settling in lieu of an appeal. Section 2: An ounce of prevention. 11 Why doctors get sued. Bad outcome. Should you apologize? What makes patients angry? Methods to prevent patients from becoming angry. 12 Communication Issues. Effective communication. Foreign language issues. Informed consent. 13 Good documentation makes a difference. Documentation of Informed Consent. Destroy your diary or patient log before you get sued. Be aware of your electronic footprint. 14 Liability risk with the use of physician extenders. Vicarious Liability. How should you run your practice? 15 Hospital issues. Peer Review. Hospital Privileges. Risk Management: Does it help you? The Against Medical Advice (A.M.A.) form. Suspension of privileges. 16 Summary. Appendix A Expert qualification requirements vary by state. Appendix B Arbitration mediation and pretrial screening panels. Appendix C Collateral source reform. Appendix D I'm Sorry Laws. Glossary. Index.

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Book SynopsisFour Volume SetAn authoritative, in-depth study of issues in products liability litigation, this comprehensive treatise traces the law of products liability from its roots in contract and tort to its development into the challenging, complex modern law of the subject. Practically organized and clearly written, the treatise provides detailed descriptions of case law governing: what constitutes a product a general definition of products, followed by an in-depth examination of various types of product defects firms in the chain of distribution that can be liable for a product defect who in the consumer chain can make a claim for damages defenses involving consumer conduct general principles of proof and causation applicable to this area of law punitive damages the procedural and remedial concepts that surround the substantive law. Trial lawyers in products liability cases, corporate counsel for firms that manufacture or sell products, and casualty insurance firms will find this treatise a crucial resource in formulating litigation strategies. Its clear and fact-based approach makes it a valuable addition to court libraries, law school libraries, and courses in torts and products liability.Table of ContentsContents: VOLUME 1 PART I THEORIES OF LIABILITY 1. Representational Backgrounds 2. The Culpability Spectrum on Representations 3. Express Warranty 4. Tort Theory of Non-Fault Misrepresentation 5. Negligence and Intentional Torts 6. Implied Warranty 7. Strict Liability PART II THE DEFECT 8. General Definitions of Defect 9. Design Defects 10. State of The Art 11. Sources of Standards for Product Design and Performance VOLUME II PART III ECONOMIC RELATIONSHIPS IN PRODUCTS LIABILITY 12. Roles of Sellers and Providers 13. Successor Corporations 14. Adjusting Liabilities Among Distributors: Contribution, Indemnity, and Comparative Apportionment 15. The Role of Workers' Compensation 16. The Consumer Chain PART IV RISK ALLOCATION THROUGH BARGAINING AND PROVISION OF INFORMATION 17. Disclaimers 18. Used Products 19. Duty To Warn 20. Contributory Negligence and Assumption of Risk VOLUME III PART V CONSUMER CONDUCT 21. Misuse 22. Comparative Doctrines: Fault, Causation, and Liability PART VI PROBLEMS OF PROOF AND CAUSATION 23. General Legal Principles of Proof and Causation 24. Res Ipsa Loquitur and Related Doctrines of Inference 25. Remedial Changes VOLUME IV PART VII SPECIAL PROBLEMS OF CHARACTERIZATION 26. Theories of Liability in Conflict 27. The Economic Loss Problem 28. Characterization and Statutes of Limitations PART VIII REMEDIES AND PROCEDURES 29. Punitive Damages 30. Statutes of Limitations and Repose 31. Jurisdiction and Procedure PART IX GENERAL LEGAL ISSUES 32. Extended Consequences: Duty and Proximate Cause PART X LEGISLATION 33. State Statutes PART XI COMPARING PRODUCTS LIABILITY: CONCEPTS IN EUROPEAN AND AMERICAN LAW E1 Overview E2 Products and Consumers E3 Producers E4 Damages E5 Theory of Liability: Strict Liability E6 Defect E7 Warnings E8 Defenses E9 Proof E10 Apportionment of Liabilities E11 Repose and Limitations E12 Contracting Out: Prohibition of Exclusions E13 Remedies E14 Assessment Index

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Book SynopsisWhat is professional negligence? What are the obligations of construction professionals in contract and in tort? In what circumstances might the difference between the obligations be important? These questions are of crucial importance not only to construction lawyers but also to contractors, architects, quantity surveyors, engineers, project managers, and multi-disciplinary practitioners. With an emphasis on the practical aspects of professional negligence in the construction industry and written in a straightforward yet authoritative way, this book is ideal for lawyers and students of construction and law as well as construction professionals at all levels. Table of ContentsTable of CasesTable of StatutesTable of Statutory Instruments1. Introduction2. Types of Construction Professional and their Functions3.The Obligations of Construction Professionals4. The Standard of Reasonable Skill and Care5.Common Issues in a Construction Project6. Causation Loss and Damage in Claims Against Construction Professionals7. Insurance8. Experts, Arbitrators and Adjudicators9. Dispute ResolutionIndex

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