| Description |
1 online resource (277 p.) |
| Contents |
Intro -- Foreword -- Acknowledgments -- Introduction -- Chapter 1 Party objectives in clinical claims -- What patients and their families want out of making clinical claims -- What healthcare professionals want when clinical claims are made -- The no-fault compensation debate -- Chapter 2 Settlement processes and trials of clinical claims -- Different settlement processes in detail -- Direct negotiation -- Acceptance of Part 36 offers -- Round table meetings -- Mediation -- A hybrid: independently-chaired RTMs (or is it really a mediation?) -- Court trials of clinical claims |
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Chapter 3 The legal and procedural framework for clinical mediations in England and Wales -- The general status of mediation and the agreement to mediate -- Evidential privilege and confidentiality -- A conflict between confidentiality and publicity? -- Non-binding clinical mediation discussions and binding settlements -- The neutral mediator as a potential witness -- Mediation fees and costs -- The place of mediation within the CPR -- Pre-action conduct and the Pre-Action Protocol for the Resolution of Clinical Disputes |
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Halsey v Milton Keynes NHS Trust and pre-action and post-action mediation -- Chapter 4 Coping with legal and clinical technicalities -- The parties to clinical claims -- A brief outline of court procedure in clinical claims -- Pre-issue -- Post-issue -- Negligence claims: breach of duty -- Negligence claims: causation -- Deciding cases on liability and causation only -- Negligence claims: damages -- Claims by a living claimant -- Claims relating to a deceased patient -- Interim payments of damages -- Interest -- Tax -- Expert reports on damages -- State benefits recoupment |
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Practical considerations for mediators on monetary claims -- Part 36 offers -- Discounting -- Valuation of future losses -- Loss of a chance -- Taking account of the risk of not succeeding -- Obstetrics and gynaecology claims -- Claims under the Human Rights Act and the ECHR -- Expert medical opinions -- Chapter 5 Choices over clinical mediations: whether to mediate, when, where, and with which mediator? -- Whether to mediate a clinical claim? -- New areas in which to consider mediation: fundamental treatment choices and early stage catastrophic claims -- When should mediation be tried? |
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Complaints processes and serious incidents investigations -- After (or before) an inquest -- Where? The ideal venue for mediations -- Who? Selecting the right mediator -- Mediation schemes -- Mediator neutrality -- The process of choosing the mediator -- Questions to ask when selecting a mediator -- The overall problem of timing -- Next steps -- Chapter 6 Preparing for a clinical mediation -- The initial stages of an agreed mediation -- Pre-mediation preparation for mediators -- Pre-mediation contact -- Mediators and their own preparation -- Pre-mediation preparation for claimant teams |
| Notes |
Description based upon print version of record |
|
Where the defendants indicate in advance that they do not expect to make an offer at the mediation |
| Subject |
Great Britain. National Health Service.
|
|
Great Britain. National Health Service |
| Genre/Form |
Electronic books
|
| Form |
Electronic book
|
| ISBN |
9781526506429 |
|
1526506424 |
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