A clear and accessible guide to clinical negligence claims for patients and professionals

"The book will be of tremendous value to all those whose job involves considering cases of avoidable harm, such as hospital managers and leaders, those who deal with adverse incidents and complaints, patient advocates, and advice services."

From the Foreword by Sir Robert Francis QC, Chair of the Patients Association

"I just wanted to say as someone working in the field, this book is outstanding" Jeanette Beer, Twitter

"The book is excellent for lay people too - clear and readable - would recommend to those who find themselves involved in no win no fee clinical negligence cases who want to know what's going on." Maggie Brooks, Twitter

About the Book

Clinical Negligence claims currently cost the NHS over £2 billion every year. Litigation is time-consuming, expensive and stressful for all involved. For those whose lives have been changed dramatically as a result of negligent medical treatment, bringing a claim may be the only means of obtaining redress for the harm done to them. But the process of litigation can be a bewildering and sometimes hostile experience. For many healthcare professionals the fear of litigation is a real concern and there is deep anxiety that litigation contributes to an unhealthy, even dangerous culture of blame.

Clinical Negligence Made Clear: A Guide for Patients and Professionals is an attempt by one the country’s leading clinical negligence practitioners to help all those who might be affected by such cases to understand what is involved and thereby to reduce the cost and emotional impact of clinical negligence litigation.

In concise, accessible language Nigel Poole QC

• charts how clinical negligence has evolved, its place within the justice system and how compensation is assessed
• explains ten core legal principles of clinical negligence such as the doctor’s duty of care and the standards expected of healthcare professionals
• sets out how a claim proceeds and what happens before and during a trial
• focuses on specific common areas of clinical negligence claims such as wrongful birth, delays in cancer treatment and cosmetic surgery
• looks to the future and asks whether the current system is sustainable

The aim is to provide an intelligent but accessible guide for patients, doctors, nurses, therapists, expert witnesses, and healthcare managers so that those caught up in legal proceedings have a realistic view of the impact they will have and a clearer understanding of when a dispute might be best resolved early. No doubt it will also provide a lively introduction to the subject for students, trainees and lawyers looking to move into clinical negligence work.

"This book is a comprehensive and up to date guide which should be of interest and practical use to anyone working in the field of clinical negligence”. Peter Walsh Chief Executive, Action against Medical Accidents (AvMA)

Nigel Poole QC’s “Clinical Negligence, Made Clear” is aimed at practitioners, managers and members of the public who are not legal experts but seek to be better informed. It is written by someone with three decades’ experience litigating in this field. The book walks us through all those areas in a logical order, wonderfully referenced and illustrated with summaries from case law along the journey and despite its rich technical content is highly accessible for non-lawyers. It should be a standard text for years to come.”Professor David Oliver Consultant Physician, Kings Fund Fellow, past Vice President Royal College of Physicians and former National Clinical Director for Older Peoples Services

“Litigation is adversarial, but no good purpose is served in encouraging hostility between healthcare professionals and their patients. Where hostility does exist it stems, I believe, from misunderstanding and poor communication. My hope is that by shedding a little light on the relevant laws and procedures, this book will increase understanding for all those who might find themselves involved in a clinical negligence claim.” From the author’s Introduction