What is Clinical Negligence?
Clinical Negligence, also referred to as ‘medical negligence’, refers to the breach of duty of care committed during the provision of any type of clinical or medical services. Lawyers specialising in Clinical Negligence have to demonstrate:
• whether or not a diagnosis has been delayed or has failed
• the risks of treatment not sufficiently pointed out to patients
• proper consent to treatment was obtained, or
• whether careless medical procedures were the cause of injury and/or suffering
It is crucial that continuing professional development courses are undertaken throughout a lawyer’s profession to keep up to date with current laws, practices and case examples, as well as to satisfy the SRAs minimum CPD training hours during each year.
CPD Course Examples – Clinical Negligence
CPD hours can be gained by attending approved courses, conferences, seminars, webinars and even listening to podcasts of interviews with notable experts. A number of events that can earn you CPD hours for attending have been provided below so that you can get an idea of the variety of training available.
Personal Injury Case Report - Cumulative Cause and Subtle Brain Injury – podcast
The course covers how current case law can change or affect the principles governing personal injury cases where there is a build-up of causes to the injury and subtle brain injury.
After taking the course, you should understand the major issues that affected the appeal in the Bailey v Ministry of Defence (2008) and the reasoning behind the ruling as well as the William v Jervis (2008) EWHC 2346 (QB) main facts. Expert witness behaviour is also considered as well as what is considered as ‘material contribution’ by the Court of Appeal.
This podcast also examines how the Courts view subtle brain injuries.
CPD hours = 1
Regulatory & Clinical Negligence Implications of Medical Devices & Implants – podcast
This course looks into the recent scandals over PIP breast implants and metal-to-hip replacement implants for those lawyers practising in the fields of personal injury, product liability or clinical negligence. It examines how the medical services industry is regulated and the potential civil legal remedies arising from dissatisfied patients.
This podcast provides you with an awareness of the relevant tortuous and contractual claims that may be made on health professionals responsible for fitting medical devices that turn out to be faulty as well as clearly defining what is considered as a medical device. It also looks at the regulation of medical devices on a national and a European level, in addition to whether a faulty medical device is handled under product liability and/or personal injury law.
It also looks at how patient and product safety could benefit from the improvement of specific areas within the regulatory regime for medical devices and the details surrounding recent breast and hip implant scandals. You will also be informed of the current view the law takes on the way faulty medical devices are removed or replaced.
CPD hours = 1
Clinical Negligence Litigation – Introduction - Seminar
This one-day onsite course is designed for those lawyers with civil litigation experience but very little clinical negligence experience and is an introduction to the vast field. Clinical negligence claims are examined in terms of the basic law and procedures involved.
The seminar covers breach of duty, causation of injury, damages, fatal claims and claims for children. It also looks at medical records and various other necessary documents, witness statements and how to instruct and assess the evidence of experts.
The areas of negotiation, ADR, JM and trial are also examined as well as how to take instructions and pre-action protocol. Instructing council and quantifying the claim in addition to issues relating to limitation and funding are also covered. The practical considerations of Issue and Service and Case Management are examined along with the analysis of defence and the exchange of evidence from witnesses and expert witnesses.
CPD hours = 6