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Mediating Clinical Claims
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
London :
Bloomsbury Publishing Plc,
2018.
|
| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- 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
- 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
- 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
- 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?
- 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