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Clinical Negligence R oyal Faculty of Procurators Glasgow

Clinical Negligence R oyal Faculty of Procurators Glasgow. Ann Logan, Balfour+Manson LLP 8 th May 2014. Basic elements of a claim for clinical negligence. Complaint v claim Test for negligence Causation Time limits. Some recent cases of interest. Helen Coyle v Lanarkshire HB

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Clinical Negligence R oyal Faculty of Procurators Glasgow

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  1. Clinical NegligenceRoyal Faculty of Procurators Glasgow Ann Logan, Balfour+Manson LLP 8th May 2014 b+m

  2. Basic elements of a claim for clinical negligence • Complaint v claim • Test for negligence • Causation • Time limits b+m

  3. Some recent cases of interest • Helen Coyle v Lanarkshire HB • LG v Greater Glasgow HB • Glancy v Southern General HB • JM v Highland HB • Holdich v Lothian HB b+m

  4. Reliance on experts • Role • Standard • Expertise – Coyle • Objection • Quantum – care • Employment - McGlone b+m

  5. Funding • Legal aid, restriction of costs, children’s cases • Insurance • Maximising expenses b+m

  6. New procedure in Court of Session • Chapter 43 – new • Chapter 43A – newer • Chapter 42A – newest Rules • Smith v GGHB – Lord Jones b+m

  7. PPO – Periodical Payment Order • Agreement • Scottish Government policy • Advantages – index linking • Disadvantages – security • Format – D’s guardian v GGHB • Future – independence and the Salmond pound b+m

  8. Courts Reform (S) Bill – changes afoot • Privative limit of Sheriff Court • Specialist Personal Injury Court • Complex cases can be remitted b+m

  9. Damages Bill • Extension of prescription to 5 years • Incapacity • Discretion of court – factors to be taken into consideration • Replace reasonably practicable test with subjective one • Psychiatric injury • Power of courts to impose PPOs b+m

  10. No fault compensation report • Proposals • Scandimania • Scottish Government response b+m

  11. Medical Innovation Bill - England • Freedom to innovate • Fear of litigation • Quack’s charter b+m

  12. Defective Products • Consumer Protection Act 1987 • S.3 – safety • Defences • Time limit – date of supply • PIP claims b+m

  13. Clinical NegligenceRoyal Faculty of Procurators Glasgow Ann Logan, Balfour+Manson LLP 8th May 2014 b+m

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