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A Practical Guide to the Non-Delegable Duty of Care in Healthcare

A Practical Guide to the Non-Delegable Duty of Care in Healthcare

Author: Susanna Bennett
Publisher: Law Brief Publishing
ISBN: 9781916698345
Published In: June 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 559.86

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Description
Contents

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This book is an overview of the law of non-delegable duties of care as they apply to medical care. It is also a source of practical advice and information on how to tackle this issue in medical negligence litigation.

The existence of a non-delegable duty of care has become a key battleground in claims arising from medical care in all different settings. This is because of the increase in contracting out NHS-funded care to private companies, combined with the limits to vicarious liability for independent contractors, recently vigorously reaffirmed by the Supreme Court. There are many different factual circumstances in which the existence of a non-delegable duty of care may be disputed during litigation; the resolution of this dispute will often be decisive of liability.

This book is a practical companion for litigators. It is a short, non-exhaustive introduction to the legal and theoretical underpinnings of, practical purpose for, and guidance on litigating, non-delegable duties in medical care. It covers the law of non-delegable duties of care, whether arising at common law or under statute; an analysis of the rationale for applying them to medical care; a brief introduction to the organisation of the NHS, outsourcing of care, and indemnity cover; a guide to arguments which can be advanced for and against the existence of a non-delegable duty in a range of likely scenarios; and practical tips on litigating non-delegable duties.

Chapter One – Introduction

Chapter Two – What Is a Non-Delegable Duty of Care?

Chapter Three – The Common Law Non-Delegable Duty in Woodland

Chapter Four – Common Law Non-Delegable Duties in Medical Care

Chapter Five – Example Scenarios

Chapter Six – Statutory Non-Delegable Duties

Chapter Seven – Statutory Non-Delegable Duties in Medical Care

Chapter Eight – NHS Legislation, Outsourcing, and Insurance Arrangements

Chapter Nine – Practical Tips on Litigating Non-Delegable Duties