Cases decided by our courts are of importance in understanding and interpreting the law in the area of clinical negligence. Reading the full decision can also be useful in considering how other lawyers have approached or argued a particular issue or problem. The wonderful thing about the law in this area is that things can change and develop and nothing is static.
It has always been important for me as a lawyer to keep up to date with cases decided by our courts. The challenge is getting the time not only to identify the important cases but to read and analyse them.
When I embarked on this blog my plan was to provide a list of cases as they came out not simply in England but also in Scotland and other common law jurisdictions. In preparing the written argument for the Supreme Court in Montgomery v Lanarkshire Health Board I spent some time reading all the Canadian and Australian cases on consent and recognised that it is useful to consider what other common law jurisdictions are doing with their cases. Sharing knowledge is essential if we want to develop.
My original intention was to provide a resource for the busy lawyer. I had thought it was only lawyers who were interested in what is happening in our courts but recently I have become aware that doctors are also interested in clinical negligence decisions and not just in their own area of practice.
From my twitter feed I have also learned that patients are not only interested in being involved in decisions about their own healthcare but rightly want to know how our courts are dealing with clinical negligence cases in court.
I feel it is vital that there is an accessible and free summary of these cases available to all.
In my blog I will add cases as they are reported with a summary and also parties involved including which experts gave evidence and whether they were for claimant or defendant/defender. I plan to provide that summary and also a link to the cases where possible. Some of the cases I will write up and explain in detail and I hope to encourage discussion on some of the issues raised.
Not just Doctors but Midwifes and nurses are interested in health care law. A health care professionals knowledge in this field is vital in ensuring caring, safe, individualised, optimum care. Awareness of the case and what should or should not have been done is reflective learning, which we all should, as professionals be embracing.
Hoping looking at these cases may give me some inclination with my mother’s neglect over a three year period till she died in 2018
Very insightful and useful. Thank you.