injury law

TORT, MEDICAL, AND PERSONAL INJURY LAW TORT, MEDICAL, AND PERSONAL INJURY LAW





Clinical Negligence New Principles of Medical Law Guidelines for the NE

Biomedical Ethics

Edited by Walter Glannon, Assistant Professor,W. Maurice Young Centre for

A Practitioner’s Handbook Second Edition Assessment of General Applied Ethics, University of British Columbia, Canada

Cecily Cameron, Solicitor, Partner, Henmans, and Andrew Grubb, Visiting Professor of Law and

Elizabeth-Anne Gumbel QC, Barrister, formerly Head of School, Cardiff Law School, Damages in Personal Biomedical Ethics is a brief philosophical introduction to the most important ethical

questions and arguments in six areas of biomedicine: the patient-doctor relationship;

One Crown Office Row Cardiff University Injury Cases medical research on humans; reproductive rights and technologies; genetics; medical

decisions at the end of life; and the allocation of scarce medical resources.The topics

‘An outstanding piece of scholarship ... high in Eighth Edition cover both perennial ethical issues in medicine, such as doctors’ duties to patients,

Comprehensive and highly practical new quality throughout, well internally cross-referenced Judicial Studies Board and recent and emerging ethical issues in scientific innovation, such as gene therapy

guide to investigating and litigating clinical negligence claims and very well written ... By some distance it is the and cloning.The scope of the book captures the historical, contemporary, and

Provides coverage of each step of a claim, from exploring best textbook in the area.’ future-oriented flavor of these areas in a concise and accessible way, and is ideal for

An essential reference on general damages for all those courses in contemporary moral problems, introduction to ethics, and introduction

complaints and the possibility of early settlement, through — Journal of Law and Medicine

involved in the area of personal injury to bioethics.

to all aspects of investigation of potential claims, litigation, Now in its second edition, this classic reference text has been expanded and

and damages fully revised.Written and edited by a team of experts, it covers all aspects of Guidelines are updated by a working party of the Judicial Fundamentals of Philosophy Series

OUP USA

medical law from the regulation of the medical professions to intellectual Studies Board Paperback / 0-19-514431-7 / 978-0-19-514431-4 / $17.95

This new text is a comprehensive guide to investigating and litigating clinical property, and from issues of patient consent to those of liability for negligent Hardback / 0-19-514430-9 / 978-0-19-514430-7 / $43.95

treatment, defective medicines, or malfunctioning equipment. Clearly laid out in tabular format according to injury

negligence claims, written by two leading practitioners in the field. Aimed 2005 / 188 pp

particularly at practitioners who are looking to develop their practice in this

classifications

Hardback / 0-19-926358-2 / 978-0-19-926358-5 / $456.00

complex and often emotive area, the book provides a general overview of the 2004 / 1,280 pp A copy of the book is automatically sent to every judge who Personal Injury Law

law relating to clinical negligence, and focuses on the practical aspects of

hears civil cases Liability, Compensation and Procedure

running a claim.

Law and the Brain Second Edition

Structured chronologically, the book looks first at the relevant law of

Edited by Semir Zeki, Department of

New The first edition of this title was regarded as a landmark publication in personal

negligence and limitation, then at key preliminary matters, including exploring Peter Barrie, Barrister, Guildhall Chambers, Bristol

Anatomy, University College, London, UK, and Oliver injury practice. Each succeeding edition has built on this reputation and the

complaints and disciplinary procedures, the possibility of early settlement, risk book has now firmly established itself as essential reading for all those involved

analysis, limitation, and costs. It goes on to provide detailed guidance on the Goodenough, Vermont Law School, South Royalton, USA ‘The book’s layout means that everything is kept together in each chapter,

in the area of personal injury.

investigation process as to whether a claim is viable, and to cover every aspect rather than keeping the non-legal sources separate as it sets out to bring

Applying our new found knowledge from neuroscience to the The Guidelines are designed to provide a clear and logical framework for the together as many sources as possible.’

of clinical negligence litigation, from the pre-action protocol and issuing

discipline of law seems a natural development - the making, assessment of general damages while leaving the discretion of the assessor

proceedings, to managing witnesses and expert evidence, damages, and trial. — APIL PI Focus

considering, and enforcing of law of course rests on mental unfettered, since every case must depend to a degree on its own facts.They

Practical, user-friendly guidance is included throughout the text on issues such

processes. However, there are real issues that the legal system provide an invaluable guide to all those involved in personal injury litigation: Now in its second edition, Personal Injury Law: Liability, Compensation and Procedure

as client care, maintaining effective relationships between solicitors and counsel,

will face as neurobiological studies continue to relentlessly probe solicitors, barristers, insurance companies, trade unions, and medical defense (previously known as Compensation for Personal Injuries in the 1st edition) is a

case management, and procedure.

the human mind.This volume represents the first serious attempt to address organizations. As with previous editions, all judges involved in hearing personal uniquely convenient and reliable reference work, providing clear summaries of the

questions of law as reflecting brain activity, emphasizing that it is the organization and injury cases will automatically receive a copy of the book. law, and easy access to the key relevant claims, practice rules, statutes and materials

Paperback / 0-19-929964-1 / 978-0-19-929964-5 / $140.00 functioning of the brain that determines how we enact and obey laws. across the whole range of modern personal injury practice.This edition has been

July 2007 / 400 pp This eighth edition has been fully updated to take account of inflation and fully updated and covers a number of new cases along with more practical advice.

Paperback / 0-19-857011-2 / 978-0-19-857011-0 / $59.50 decisions made in the two years since the previous edition.The figures will be

Hardback / 0-19-857010-4 / 978-0-19-857010-3 / $155.00 increased to take into account the RPI increases since the last edition and further Paperback / 0-19-927571-8 / 978-0-19-927571-7 / $145.00

2006 / 296 pp altered to reflect decisions of the higher courts on quantum, including the current 2005 / 910 pp

Torts and Rights New position on compensation for asymptomatic pleural plaques caused by asbestos

Robert Stevens, Barrister, Lecturer at the University of Oxford, Ending Life exposure, which is shortly due for consideration by the House of Lords. Principles and Practice of Forensic Psychiatry

Fellow of Lady Margaret Hall Ethics and the Way We Die Second Edition

Contents:

The law of torts is concerned with the secondary obligations generated by the Margaret Pabst Battin, Professor of Philosophy, University of Utah Injuries involving Paralysis; Head Injuries; Psychiatric Damage; Injuries affecting the Senses; Injuries Edited by Richard Rosner, Bellevue Hospital Center, NY

infringement of primary rights.This work seeks to show that this apparently simple to Internal Organs; Orthopaedic Injuries; Facial Injuries; Scarring to Other Parts of the Body;

Damage to Hair; Dermatitis. ‘Simply stated this book finally organizes the subject matter of our subspecialty in the

proposition enables us to understand the law of torts as found in the common law. ‘She is surely one of the most erudite and articulate scholars pondering

way it should be done. The most useful reference book for any specialist in the field.’

Using primarily English materials, but drawing heavily upon the law of other common questions of euthanasia, suicide, and the withdrawal of medical treatment in JSB Guidelines for the assessment of general damages in personal injury cases — Bulletin of the Academy of Psychiatry and the Law

law jurisdictions, Stevens seeks to give an account of the law of torts which relies the Western world.’ Paperback / 0-19-920757-7 / 978-0-1-9920757-2 / $35.00

The revised and expanded second edition of the highly successful Principles and Practice of

upon the core material familiar to most students and practitioners with a grasp of — Arthur L. Caplan, Ethics September 2006 / 72 pp

Forensic Psychiatry is the essential text for all residents and practitioners in forensic

the law of torts.This material is drawn together in support of a single argument in a A sequel to Battin’s 1994 volume The Least Worst Death, Battin’s new collection covers a psychiatry and those preparing for the specialty examination in Forensic Psychiatry of the

provocative and accessible style, and puts forward a new theoretical model for remarkably wide range of end-of-life topics, including suicide prevention,AIDS, suicide Product Liability American Board of Psychiatry and Neurology.Written and edited by leading US experts,

analysing the law of torts, providing an overarching framework for radically the book address the wide range of legal issues addressed in forensic psychiatry including

bombing, serpent-handling and other religious practices that pose a risk of death, genetic Second Edition

reconceiving the subject. prognostication, suicide in old age, global justice and the “duty to die”, and suicide, the History and Practice of Forensic Psychiatry, Legal Regulation of the Practice of

Professor C J Miller, Emeritus Professor of English Law, University of Psychiatry, Psychiatry and Civil Law, Psychiatry and Criminal Law, Psychiatry and Family

Hardback / 0-19-921160-4 / 978-0-19-921160-9 / $74.00 physician-assisted suicide, and euthanasia, in both American and international contexts.

Birmingham and Barrister (Lincoln’s Inn), Henderson Chambers, and Law, Special Issues in Forensic Psychiatry, Law and the Legal System, and Landmark Cases

August 2007 / 300 pp in Mental Health Law.

OUP USA Dr R S Goldberg, Senior Lecturer in Law, University of Birmingham and Solicitor

Paperback / 0-19-514027-3 / 978-0-19-514027-9 / $24.95

(A Hodder Arnold Publication)

How Safe Is Safe Enough? Hardback / 0-19-514026-5 / 978-0-19-514026-2 / $74.00 Product Liability explains the circumstances in which manufacturers, retailers and

0-340-80664-8 / 978-0-340-80664-7 / $155.00

2005 / 352 pp others may be held liable to compensate persons who are injured, or who incur

Obligations to the Children of Reproductive Technology 2003 / 980 pp

financial loss, when the products which they manufacture or sell are defective or not OUP USA distribution rights only.

Philip G. Peters, Professor of Law, University of Missouri fit for their purpose.This significant text provides comprehensive coverage of the

Emergency Department Treatment of the Psychiatric Patient

This book offers a roadmap for determining when and how to regulate risky reproductive law as it has developed in the United Kingdom and in addition contains detailed

technologies on behalf of future children. It recommends a case-by-case method for Policy Issues and Legal Requirements

discussions of case law from other jurisdictions, including the USA, Australia, New

reconciling the interests of future children with the reproductive liberty of prospective Susan Stefan Zealand, Canada, France and Germany. A chapter with detailed coverage of the

parents, and finally it applies this framework to four past and future medical interventions,

American Psychology-Law Society Series conflict of laws has been contributed by Professor Jonathan Harris, University

including cloning and genetic engineering. Drawing lessons from these case studies, it

criticizes the current lack of regulatory oversight.

OUP USA of Birmingham.

Hardback / 0-19-518929-9 / 978-0-19-518929-2 / $55.00

OUP USA 2006 / 232 pp Hardback / 0-19-825678-7 / 978-0-19-825678-6 / $350.00

Hardback / 0-19-515707-9 / 978-0-19-515707-9 / $39.95 2004 / 1,066 pp

2004 / 288 pp

Assisted Dying and Legal Change

Penney Lewis, Reader in Law, Centre of Medical Law and Ethics, New

King’s College London

Hardback / 0-19-921287-2 / 978-0-19-921287-3 / $92.50

March 2007 / 280pp







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TORT, MEDICAL, AND PERSONAL INJURY LAW TORT, MEDICAL, AND PERSONAL INJURY LAW





State Liability in Tort Adverse Events, Stress and Litigation STUDENT TEXTBOOKS IN Q&A: Law of Torts

Fouth Edition @ i

A Comparative Law Study A Physicians’s Guide TORT, MEDICAL AND PERSONAL David Oughton, De Montfort University, Leicester, John Marston, De Montfort

Duncan Fairgrieve, Universite de Paris II Sara C. Charles, M.D., Professor of Psychiatry, University of Illinois (Emerita),

USA, and Paul Frisch, Director, Medical Legal Affairs, Oregon Medical

INJURY LAW University, Leicester, and Barbara Harvey, De Montfort University, Leicester

This book examines financial compensation for wrongs Q&A

Association, USA

committed by public bodies including medical negligence,

educational errors, child abuse by local authority carers, and

Casebook on Torts NE @ i Paperback / 0-19-929948-X / 978-0-19-929948-5 / $25.95

January 2007 / 250 pp

Bad medical outcomes traumatize patients but they also traumatize physicians. Ninth Edition

police misconduct. Recent English cases are analyzed and

Although every physician’s case is different, this book shows how each goes through Richard Kidner, Professor of Law, University of Wales, Aberystwyth Mason & McCall Smith’s Law

compared with European decisions. Explanation is given of

the same judicial stages of complaint, discovery, depositions, motions, and delays that Paperback / 0-19-928788-0 / 978-0-19-928788-8 / $45.00 and Medical Ethics

i

ways of gaining compensation outside the courts, through

lead to trial, settlement, or being dropped.Written by a physician and a lawyer, the June 2006 / 464 pp Seventh Edition

complaints-procedures, ombudsmen, and statutory schemes.

book provides unique insights - through real-life stories - into the personal

Kenyon Mason, Professor (Emeritus) of Forensic Medicine, and Honorary Fellow of

Hardback / 0-19-925805-8 / 978-0-19-925805-5 / $155.00 experience of litigation as well as sound recommendations for dealing with each Textbook on Torts

Eighth Edition

@ i the School of Law, University of Edinburgh, Graeme Laurie, Senior Lecturer in Law

2003 / 404 pp stage of the legal process.

Michael A. Jones, Professor of Common Law, University of Liverpool and Co-Director of the Arts and Humanities Research Centre for Studies in

OUP USA Intellectual Property and Technology Law, University of Edinburgh

European Regulation of Consumer Product Safety Hardback / 0-19-517148-9 / 978-0-19-517148-8 / $39.95 Paperback / 0-19-925533-4 / 978-0-19-925533-7 / $50.00

2005 / 286 pp 2002 / 784 pp Paperback / 0-19-928239-0 / 978-0-19-928239-5 / $45.00

Christopher Hodges, Visiting Research Fellow at the Centre for Socio-Legal 2005 / 820 pp

Studies, Oxford and Partner, CMS Cameron McKenna

Medical Law and Ethics

Markesinis and Deakin’s Tort Law i Medical Law i

This book examines European legislation that regulates the safety of consumer

@ i Fifth Edition

Third Edition

Jonathan Herring, Fellow in Law, Exeter College, Oxford Simon Deakin, Robert Monks Professor of Corporate Governance and a Fellow of

products.There are different legal requirements for medicines, machines, electronics,

Peterhouse, University of Cambridge, Angus Johnston, Tutor and Director of Studies Ian Kennedy, Barrister and Honorary Bencher of the Inner Temple, Professor of

toys and so on, which employ different regulatory mechanisms. Hodges compares This book provides a clear, concise description of medical law; but it does more than

in Law,Trinity Hall, Cambridge; and Newton Trust Affiliated Lecturer in Law, University Health Law, Ethics and Policy, School of Public Policy, University College, London, and

the various mechanisms and asks why particular mechanisms are used, or not used that. It also provides an introduction to the ethical principles that can be used to

for different products.The book then moves on to consider what is meant by of Cambridge, Sir Basil Markesinis QC, Professor of Common and Civil Law at Andrew Grubb, Senior Immigration Judge, Asylum and Immigration Tribunal

challenge or support the law.

product ‘safety’, demonstrating the relativity of this concept. University College London, Jamail Regents Chair of Law, University of Texas, and Paperback / 0-40-690325-5 / 978-0-40-690325-9 / $132.00

It offers a range of perspectives from which to analyze the law: feminist, religious and 2000 / 2,380 pp

Hardback / 0-19-928255-2 / 978-0-19-928255-5 / $125.00 sociological perspectives are all discussed and highlighted within the text. Master of the Bench, Gray’s Inn

2005 / 334 pp Written for undergraduate students taking medical law courses, this book presents Paperback / 0-19-925712-4 / 978-0-19-925712-6 / $86.50

Hardback / 0-19-925711-6 / 978-0-19-925711-9 / $150.00

Statutes on Medical Law @ i

the material in a highly accessible and interesting way. Fourth Edition

2003 / 962 pp

Liability for Negligent Misstatements An Online Resource Centre provides updates on new developments in this fast- Michael A. Jones, Professor of Common Law at Liverpool Law School, and

Christian Witting, Senior Lecturer, School of Law, University of Melbourne. moving area. Tort NE i Anne E. Morris, Senior Lecturer in Law at Liverpool Law School

Fifth Edition Blackstone’s Statutes

This book is the first comprehensive and integrated account of the law on liability Paperback / 0-19-927696-X / 978-0-19-927696-7 / $49.95 Paperback / 0-19-928315-X / 978-0-19-928315-6 / $39.95

April 2006 / 512 pp Steve Hedley, Professor of Law, University College, Cork

for negligent misstatements. Designed as a comprehensive guide for practitioners, it 2005 / 520 pp

outlines the essential issues that must be considered in determining whether a client Core Text Series

Paperback / 0-19-928767-8 / 978-0-19-928767-3 / $35.00

will have a cause of action for negligent misstatement. It also discusses in detail Medical Law:Text, Cases and Materials @

those issues that are likely to prove most contentious.

Emily Jackson, Professor of Medical Law, Queen Mary,

i July 2006 / 450 pp



Hepple, Howarth and Matthews’ Tort i medical law review

Hardback / 0-19-925010-3 / 978-0-19-925010-3 / $185.00 University of London

2004 / 466 pp Cases & Materials Volume 14, 2006, 3 Issues

This book offers a clear, thorough, and accessible guide to medical law. It includes Fifth Edition Editor: Margot Brazier, University of Manchester

all the key cases and materials combined with substantial commentary, providing

An Introduction to Tort Law NE i undergraduate students with a stand-alone textbook. It is also sufficiently in-depth

David Howarth, Fellow of Clare College and University Lecturer, Cambridge, Medical Law Review is established as an authoritative

Second Edition to offer postgraduate students an invaluable source of relevant information Janet O’Sullivan, Solicitor, Fellow of Selwyn College; New Hall and source of reference for academics, lawyers, legal and

and materials. University Lecturer, Cambridge medical practitioners, law students and anyone interested

Tony Weir, Emeritus Reader in Law,Trinity College, Cambridge

Paperback / 0-40-606326-5 / 978-0-40-606326-7 / $77.00 in health care and the law. Primarily the Review presents

The book contains extracts from a wide variety of academic sources so that

An Introduction to Tort Law provides a succinct overview for those coming new to the 2000 / 1,206 pp articles of international interest which provide thorough

students can acquire a good understanding of a range of different perspectives, and

subject, providing students with a full working knowledge of the contours and key

elements of tort law.

draws attention to the ethical context in which medical law operates. Tort Law Textbook @ i analyses and comment on the wide range of topical issues that are

fundamental to this expanding area of law. In addition it carries two

The text is accompanied by an Online Resource Centre which provides updates John Hodgson, Principal Lecturer in Law, Nottingham Law School, and

This is a thought-provoking text that incorporates critical debate, thereby commentary sections; one on UK law and the second on recent medico-

and web links. John Lewthwaite, Former Senior Lecturer in Law, Nottingham Law School

encouraging students to think carefully about the issues raised. It is an insightful and legal developments in the USA, the Commonwealth, and Europe.

lively introduction written by a highly respected and leading author in the field. Paperback / 0-19-926127-X / 978-0-19-926127-7 / $55.00 Paperback / 0-19-927024-4 / 978-0-19-927024-8 / $65.00

ISSN: 0967-0742

February 2006 / 950 pp 2004 / 456 pp

Clarendon Law Series www.medlaw.oxfordjournals.org

Paperback / 0-19-929037-7 / 978-0-19-929037-6 / $34.95

August 2006 / 240 pp

Tort Law i

Text and Materials

Second Edition

State Liability Mark Lunney, Associate Professor of Law, University of New England, and

Tort Law and Beyond Ken Oliphant, Lecturer in Law, University of Cardiff

Carol Harlow Paperback / 0-19-926055-9 / 978-0-19-926055-3 / $82.00

Clarendon Law Lectures 2003 / 986 pp

Hardback / 0-19-927264-6 / 978-0-19-927264-8 / $75.00

2004 / 166 pp

Street on Torts NE i

Twelfth Edition

Tort Law in America John Murphy, Senior Lecturer in Law, University of Manchester

An Intellectual History

Paperback / 0-19-929166-7 / 978-0-19-929166-3 / $55.00

Expanded Edition January 2007 / 650 pp

G. Edward White

OUP USA

Harvey & Marston: Cases and Commentary i

Paperback / 0-19-513965-8 / 978-0-19-513965-5 / $23.00 on Tort

2002 / 424 pp Fifth Edition

Remedies for Torts and Breach of Contract Barbara Harvey, Lecturer in Law, De Montfort University, Leicester, and

Third Edition John Marston, Lecturer in Law, De Montfort University, Leicester

Andrew Burrows Paperback / 0-40-697138-2 / 978-0-40-697138-8 / $55.00

2004 / 902 pp

Paperback / 0-40-697726-7 / 978-0-40-697726-7 / $79.95

2004 / 756 pp





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