injury law

TORT, MEDICAL, AND PERSONAL INJURY LAW TORT, MEDICAL, AND PERSONAL INJURY LAW Clinical Negligence A Practitioner’s Handbook New Principles of Medical Law Second Edition Andrew Grubb, Visiting Professor of Law and formerly Head of School, Cardiff Law School, Cardiff University Cecily Cameron, Solicitor, Partner, Henmans, and Elizabeth-Anne Gumbel QC, Barrister, One Crown Office Row Guidelines for the Assessment of General Damages in Personal Injury Cases Eighth Edition Judicial Studies Board NE Biomedical Ethics Edited by Walter Glannon, Assistant Professor,W. Maurice Young Centre for Applied Ethics, University of British Columbia, Canada Biomedical Ethics is a brief philosophical introduction to the most important ethical questions and arguments in six areas of biomedicine: the patient-doctor relationship; 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 cover both perennial ethical issues in medicine, such as doctors’ duties to patients, and recent and emerging ethical issues in scientific innovation, such as gene therapy and cloning.The scope of the book captures the historical, contemporary, and future-oriented flavor of these areas in a concise and accessible way, and is ideal for courses in contemporary moral problems, introduction to ethics, and introduction to bioethics. Fundamentals of Philosophy Series OUP USA Paperback / 0-19-514431-7 / 978-0-19-514431-4 / $17.95 Hardback / 0-19-514430-9 / 978-0-19-514430-7 / $43.95 2005 / 188 pp Comprehensive and highly practical new guide to investigating and litigating clinical negligence claims Provides coverage of each step of a claim, from exploring complaints and the possibility of early settlement, through to all aspects of investigation of potential claims, litigation, and damages This new text is a comprehensive guide to investigating and litigating clinical negligence claims, written by two leading practitioners in the field. Aimed particularly at practitioners who are looking to develop their practice in this complex and often emotive area, the book provides a general overview of the law relating to clinical negligence, and focuses on the practical aspects of running a claim. Structured chronologically, the book looks first at the relevant law of negligence and limitation, then at key preliminary matters, including exploring complaints and disciplinary procedures, the possibility of early settlement, risk analysis, limitation, and costs. It goes on to provide detailed guidance on the investigation process as to whether a claim is viable, and to cover every aspect of clinical negligence litigation, from the pre-action protocol and issuing proceedings, to managing witnesses and expert evidence, damages, and trial. Practical, user-friendly guidance is included throughout the text on issues such as client care, maintaining effective relationships between solicitors and counsel, case management, and procedure. Paperback / 0-19-929964-1 / 978-0-19-929964-5 / $140.00 July 2007 / 400 pp ‘An outstanding piece of scholarship ... high in quality throughout, well internally cross-referenced and very well written ... By some distance it is the best textbook in the area.’ — Journal of Law and Medicine Now in its second edition, this classic reference text has been expanded and fully revised.Written and edited by a team of experts, it covers all aspects of medical law from the regulation of the medical professions to intellectual property, and from issues of patient consent to those of liability for negligent treatment, defective medicines, or malfunctioning equipment. Hardback / 0-19-926358-2 / 978-0-19-926358-5 / $456.00 2004 / 1,280 pp An essential reference on general damages for all those involved in the area of personal injury Guidelines are updated by a working party of the Judicial Studies Board Clearly laid out in tabular format according to injury classifications A copy of the book is automatically sent to every judge who hears civil cases The first edition of this title was regarded as a landmark publication in personal injury practice. Each succeeding edition has built on this reputation and the book has now firmly established itself as essential reading for all those involved in the area of personal injury. The Guidelines are designed to provide a clear and logical framework for the assessment of general damages while leaving the discretion of the assessor unfettered, since every case must depend to a degree on its own facts.They provide an invaluable guide to all those involved in personal injury litigation: solicitors, barristers, insurance companies, trade unions, and medical defense organizations. As with previous editions, all judges involved in hearing personal injury cases will automatically receive a copy of the book. This eighth edition has been fully updated to take account of inflation and decisions made in the two years since the previous edition.The figures will be increased to take into account the RPI increases since the last edition and further altered to reflect decisions of the higher courts on quantum, including the current position on compensation for asymptomatic pleural plaques caused by asbestos exposure, which is shortly due for consideration by the House of Lords. Contents: Injuries involving Paralysis; Head Injuries; Psychiatric Damage; Injuries affecting the Senses; Injuries to Internal Organs; Orthopaedic Injuries; Facial Injuries; Scarring to Other Parts of the Body; Damage to Hair; Dermatitis. Personal Injury Law Liability, Compensation and Procedure Second Edition Law and the Brain Edited by Semir Zeki, Department of Anatomy, University College, London, UK, and Oliver Goodenough, Vermont Law School, South Royalton, USA New Peter Barrie, Barrister, Guildhall Chambers, Bristol Applying our new found knowledge from neuroscience to the discipline of law seems a natural development - the making, considering, and enforcing of law of course rests on mental processes. However, there are real issues that the legal system will face as neurobiological studies continue to relentlessly probe the human mind.This volume represents the first serious attempt to address questions of law as reflecting brain activity, emphasizing that it is the organization and functioning of the brain that determines how we enact and obey laws. Paperback / 0-19-857011-2 / 978-0-19-857011-0 / $59.50 Hardback / 0-19-857010-4 / 978-0-19-857010-3 / $155.00 2006 / 296 pp ‘The book’s layout means that everything is kept together in each chapter, rather than keeping the non-legal sources separate as it sets out to bring together as many sources as possible.’ — APIL PI Focus Now in its second edition, Personal Injury Law: Liability, Compensation and Procedure (previously known as Compensation for Personal Injuries in the 1st edition) is a uniquely convenient and reliable reference work, providing clear summaries of the law, and easy access to the key relevant claims, practice rules, statutes and materials across the whole range of modern personal injury practice.This edition has been fully updated and covers a number of new cases along with more practical advice. Paperback / 0-19-927571-8 / 978-0-19-927571-7 / $145.00 2005 / 910 pp Torts and Rights Robert Stevens, Barrister, Lecturer at the University of Oxford, Fellow of Lady Margaret Hall New Ending Life Ethics and the Way We Die Margaret Pabst Battin, Professor of Philosophy, University of Utah Principles and Practice of Forensic Psychiatry Second Edition Edited by Richard Rosner, Bellevue Hospital Center, NY The law of torts is concerned with the secondary obligations generated by the infringement of primary rights.This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common law. Using primarily English materials, but drawing heavily upon the law of other common law jurisdictions, Stevens seeks to give an account of the law of torts which relies upon the core material familiar to most students and practitioners with a grasp of the law of torts.This material is drawn together in support of a single argument in a provocative and accessible style, and puts forward a new theoretical model for analysing the law of torts, providing an overarching framework for radically reconceiving the subject. Hardback / 0-19-921160-4 / 978-0-19-921160-9 / $74.00 August 2007 / 300 pp ‘She is surely one of the most erudite and articulate scholars pondering questions of euthanasia, suicide, and the withdrawal of medical treatment in the Western world.’ — Arthur L. Caplan, Ethics A sequel to Battin’s 1994 volume The Least Worst Death, Battin’s new collection covers a remarkably wide range of end-of-life topics, including suicide prevention,AIDS, suicide bombing, serpent-handling and other religious practices that pose a risk of death, genetic prognostication, suicide in old age, global justice and the “duty to die”, and suicide, physician-assisted suicide, and euthanasia, in both American and international contexts. OUP USA Paperback / 0-19-514027-3 / 978-0-19-514027-9 / $24.95 Hardback / 0-19-514026-5 / 978-0-19-514026-2 / $74.00 2005 / 352 pp JSB Guidelines for the assessment of general damages in personal injury cases Paperback / 0-19-920757-7 / 978-0-1-9920757-2 / $35.00 September 2006 / 72 pp ‘Simply stated this book finally organizes the subject matter of our subspecialty in the way it should be done. The most useful reference book for any specialist in the field.’ — Bulletin of the Academy of Psychiatry and the Law The revised and expanded second edition of the highly successful Principles and Practice of Forensic Psychiatry is the essential text for all residents and practitioners in forensic psychiatry and those preparing for the specialty examination in Forensic Psychiatry of the American Board of Psychiatry and Neurology.Written and edited by leading US experts, the book address the wide range of legal issues addressed in forensic psychiatry including the History and Practice of Forensic Psychiatry, Legal Regulation of the Practice of Psychiatry, Psychiatry and Civil Law, Psychiatry and Criminal Law, Psychiatry and Family Law, Special Issues in Forensic Psychiatry, Law and the Legal System, and Landmark Cases in Mental Health Law. (A Hodder Arnold Publication) 0-340-80664-8 / 978-0-340-80664-7 / $155.00 2003 / 980 pp OUP USA distribution rights only. Product Liability Second Edition Professor C J Miller, Emeritus Professor of English Law, University of Birmingham and Barrister (Lincoln’s Inn), Henderson Chambers, and Dr R S Goldberg, Senior Lecturer in Law, University of Birmingham and Solicitor Product Liability explains the circumstances in which manufacturers, retailers and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose.This significant text provides comprehensive coverage of the law as it has developed in the United Kingdom and in addition contains detailed discussions of case law from other jurisdictions, including the USA, Australia, New Zealand, Canada, France and Germany. A chapter with detailed coverage of the conflict of laws has been contributed by Professor Jonathan Harris, University of Birmingham. Hardback / 0-19-825678-7 / 978-0-19-825678-6 / $350.00 2004 / 1,066 pp How Safe Is Safe Enough? Obligations to the Children of Reproductive Technology Philip G. Peters, Professor of Law, University of Missouri This book offers a roadmap for determining when and how to regulate risky reproductive technologies on behalf of future children. It recommends a case-by-case method for reconciling the interests of future children with the reproductive liberty of prospective parents, and finally it applies this framework to four past and future medical interventions, including cloning and genetic engineering. Drawing lessons from these case studies, it criticizes the current lack of regulatory oversight. OUP USA Hardback / 0-19-515707-9 / 978-0-19-515707-9 / $39.95 2004 / 288 pp Emergency Department Treatment of the Psychiatric Patient Policy Issues and Legal Requirements Susan Stefan American Psychology-Law Society Series OUP USA Hardback / 0-19-518929-9 / 978-0-19-518929-2 / $55.00 2006 / 232 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 168 1 T 1-866-445-8685 F 1-919-677-1303 www.oup.com 1 169 TORT, MEDICAL, AND PERSONAL INJURY LAW TORT, MEDICAL, AND PERSONAL INJURY LAW State Liability in Tort A Comparative Law Study Duncan Fairgrieve, Universite de Paris II This book examines financial compensation for wrongs committed by public bodies including medical negligence, educational errors, child abuse by local authority carers, and police misconduct. Recent English cases are analyzed and compared with European decisions. Explanation is given of ways of gaining compensation outside the courts, through complaints-procedures, ombudsmen, and statutory schemes. Hardback / 0-19-925805-8 / 978-0-19-925805-5 / $155.00 2003 / 404 pp Adverse Events, Stress and Litigation A Physicians’s Guide Sara C. Charles, M.D., Professor of Psychiatry, University of Illinois (Emerita), USA, and Paul Frisch, Director, Medical Legal Affairs, Oregon Medical Association, USA Bad medical outcomes traumatize patients but they also traumatize physicians. Although every physician’s case is different, this book shows how each goes through the same judicial stages of complaint, discovery, depositions, motions, and delays that lead to trial, settlement, or being dropped.Written by a physician and a lawyer, the book provides unique insights - through real-life stories - into the personal experience of litigation as well as sound recommendations for dealing with each stage of the legal process. OUP USA Hardback / 0-19-517148-9 / 978-0-19-517148-8 / $39.95 2005 / 286 pp STUDENT TEXTBOOKS IN TORT, MEDICAL AND PERSONAL INJURY LAW Casebook on Torts Ninth Edition Richard Kidner, Professor of Law, University of Wales, Aberystwyth Paperback / 0-19-928788-0 / 978-0-19-928788-8 / $45.00 June 2006 / 464 pp Q&A: Law of Torts Fouth Edition David Oughton, De Montfort University, Leicester, John Marston, De Montfort University, Leicester, and Barbara Harvey, De Montfort University, Leicester Q&A Paperback / 0-19-929948-X / 978-0-19-929948-5 / $25.95 January 2007 / 250 pp @ i NE @ i Mason & McCall Smith’s Law and Medical Ethics i Textbook on Torts European Regulation of Consumer Product Safety Christopher Hodges, Visiting Research Fellow at the Centre for Socio-Legal Studies, Oxford and Partner, CMS Cameron McKenna This book examines European legislation that regulates the safety of consumer products.There are different legal requirements for medicines, machines, electronics, toys and so on, which employ different regulatory mechanisms. Hodges compares the various mechanisms and asks why particular mechanisms are used, or not used for different products.The book then moves on to consider what is meant by product ‘safety’, demonstrating the relativity of this concept. Hardback / 0-19-928255-2 / 978-0-19-928255-5 / $125.00 2005 / 334 pp Eighth Edition Michael A. Jones, Professor of Common Law, University of Liverpool Paperback / 0-19-925533-4 / 978-0-19-925533-7 / $50.00 2002 / 784 pp @ i Seventh Edition Kenyon Mason, Professor (Emeritus) of Forensic Medicine, and Honorary Fellow of the School of Law, University of Edinburgh, Graeme Laurie, Senior Lecturer in Law and Co-Director of the Arts and Humanities Research Centre for Studies in Intellectual Property and Technology Law, University of Edinburgh Paperback / 0-19-928239-0 / 978-0-19-928239-5 / $45.00 2005 / 820 pp Medical Law and Ethics Jonathan Herring, Fellow in Law, Exeter College, Oxford @ i Markesinis and Deakin’s Tort Law This book provides a clear, concise description of medical law; but it does more than that. It also provides an introduction to the ethical principles that can be used to challenge or support the law. It offers a range of perspectives from which to analyze the law: feminist, religious and sociological perspectives are all discussed and highlighted within the text. Written for undergraduate students taking medical law courses, this book presents the material in a highly accessible and interesting way. An Online Resource Centre provides updates on new developments in this fastmoving area. Paperback / 0-19-927696-X / 978-0-19-927696-7 / $49.95 April 2006 / 512 pp Fifth Edition Simon Deakin, Robert Monks Professor of Corporate Governance and a Fellow of Peterhouse, University of Cambridge, Angus Johnston, Tutor and Director of Studies in Law,Trinity Hall, Cambridge; and Newton Trust Affiliated Lecturer in Law, University of Cambridge, Sir Basil Markesinis QC, Professor of Common and Civil Law at University College London, Jamail Regents Chair of Law, University of Texas, and Master of the Bench, Gray’s Inn Paperback / 0-19-925712-4 / 978-0-19-925712-6 / $86.50 Hardback / 0-19-925711-6 / 978-0-19-925711-9 / $150.00 2003 / 962 pp i Medical Law i Third Edition Ian Kennedy, Barrister and Honorary Bencher of the Inner Temple, Professor of Health Law, Ethics and Policy, School of Public Policy, University College, London, and Andrew Grubb, Senior Immigration Judge, Asylum and Immigration Tribunal Paperback / 0-40-690325-5 / 978-0-40-690325-9 / $132.00 2000 / 2,380 pp Statutes on Medical Law Liability for Negligent Misstatements Christian Witting, Senior Lecturer, School of Law, University of Melbourne. This book is the first comprehensive and integrated account of the law on liability for negligent misstatements. Designed as a comprehensive guide for practitioners, it outlines the essential issues that must be considered in determining whether a client will have a cause of action for negligent misstatement. It also discusses in detail those issues that are likely to prove most contentious. Hardback / 0-19-925010-3 / 978-0-19-925010-3 / $185.00 2004 / 466 pp Tort Fifth Edition Steve Hedley, Professor of Law, University College, Cork Core Text Series Paperback / 0-19-928767-8 / 978-0-19-928767-3 / $35.00 July 2006 / 450 pp NE i Fourth Edition Michael A. Jones, Professor of Common Law at Liverpool Law School, and Anne E. Morris, Senior Lecturer in Law at Liverpool Law School Blackstone’s Statutes Paperback / 0-19-928315-X / 978-0-19-928315-6 / $39.95 2005 / 520 pp @ i Medical Law:Text, Cases and Materials Emily Jackson, Professor of Medical Law, Queen Mary, University of London @ i Hepple, Howarth and Matthews’ Tort An Introduction to Tort Law Second Edition Tony Weir, Emeritus Reader in Law,Trinity College, Cambridge NE i This book offers a clear, thorough, and accessible guide to medical law. It includes all the key cases and materials combined with substantial commentary, providing undergraduate students with a stand-alone textbook. It is also sufficiently in-depth to offer postgraduate students an invaluable source of relevant information and materials. The book contains extracts from a wide variety of academic sources so that students can acquire a good understanding of a range of different perspectives, and draws attention to the ethical context in which medical law operates. The text is accompanied by an Online Resource Centre which provides updates and web links. Paperback / 0-19-926127-X / 978-0-19-926127-7 / $55.00 February 2006 / 950 pp Cases & Materials Fifth Edition David Howarth, Fellow of Clare College and University Lecturer, Cambridge, Janet O’Sullivan, Solicitor, Fellow of Selwyn College; New Hall and University Lecturer, Cambridge Paperback / 0-40-606326-5 / 978-0-40-606326-7 / $77.00 2000 / 1,206 pp i medical law review Volume 14, 2006, 3 Issues Editor: Margot Brazier, University of Manchester Medical Law Review is established as an authoritative source of reference for academics, lawyers, legal and medical practitioners, law students and anyone interested in health care and the law. Primarily the Review presents articles of international interest which provide thorough analyses and comment on the wide range of topical issues that are fundamental to this expanding area of law. In addition it carries two commentary sections; one on UK law and the second on recent medicolegal developments in the USA, the Commonwealth, and Europe. ISSN: 0967-0742 An Introduction to Tort Law provides a succinct overview for those coming new to the subject, providing students with a full working knowledge of the contours and key elements of tort law. This is a thought-provoking text that incorporates critical debate, thereby encouraging students to think carefully about the issues raised. It is an insightful and lively introduction written by a highly respected and leading author in the field. Clarendon Law Series Paperback / 0-19-929037-7 / 978-0-19-929037-6 / $34.95 August 2006 / 240 pp Tort Law Textbook @ i John Hodgson, Principal Lecturer in Law, Nottingham Law School, and John Lewthwaite, Former Senior Lecturer in Law, Nottingham Law School Paperback / 0-19-927024-4 / 978-0-19-927024-8 / $65.00 2004 / 456 pp Tort Law State Liability Tort Law and Beyond Carol Harlow Clarendon Law Lectures Hardback / 0-19-927264-6 / 978-0-19-927264-8 / $75.00 2004 / 166 pp Text and Materials Second Edition Mark Lunney, Associate Professor of Law, University of New England, and Ken Oliphant, Lecturer in Law, University of Cardiff Paperback / 0-19-926055-9 / 978-0-19-926055-3 / $82.00 2003 / 986 pp i www.medlaw.oxfordjournals.org Street on Torts NE Tort Law in America An Intellectual History Expanded Edition G. Edward White OUP USA Paperback / 0-19-513965-8 / 978-0-19-513965-5 / $23.00 2002 / 424 pp Twelfth Edition John Murphy, Senior Lecturer in Law, University of Manchester Paperback / 0-19-929166-7 / 978-0-19-929166-3 / $55.00 January 2007 / 650 pp i Harvey & Marston: Cases and Commentary on Tort i Remedies for Torts and Breach of Contract Third Edition Andrew Burrows Fifth Edition Barbara Harvey, Lecturer in Law, De Montfort University, Leicester, and John Marston, Lecturer in Law, De Montfort University, Leicester 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 170 1 T 1-866-445-8685 F 1-919-677-1303 www.oup.com 1 171