Clinical Negligence

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Clinical Negligence Made Clear

Author : Nigel Poole QC
Publisher : Bath Publishing Limited
ISBN 13 : 1739099257
Total Pages : 443 pages
Book Rating : 4.7/5 (39 download)

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Book Synopsis Clinical Negligence Made Clear by : Nigel Poole QC

Download or read book Clinical Negligence Made Clear written by Nigel Poole QC and published by Bath Publishing Limited. This book was released on 2019-10-31 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Clinical Guidelines and the Law of Medical Negligence

Author : Samanta, Jo
Publisher : Edward Elgar Publishing
ISBN 13 : 1789908892
Total Pages : 368 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Clinical Guidelines and the Law of Medical Negligence by : Samanta, Jo

Download or read book Clinical Guidelines and the Law of Medical Negligence written by Samanta, Jo and published by Edward Elgar Publishing. This book was released on 2021-10-26 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically considers the dynamic relationship between clinical guidelines and medical negligence litigation, arguing that a balance must be struck between blinkered reliance on guidelines and casual disregard. It explores connections between academic law and professional practice, bringing together an array of perspectives which reveal that although guidelines may not be dispositive, they nonetheless play an important role in medical negligence law.

Clinical Negligence

Author : Cecily Cameron
Publisher : Oxford University Press, USA
ISBN 13 : 9780199299645
Total Pages : 0 pages
Book Rating : 4.2/5 (996 download)

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Book Synopsis Clinical Negligence by : Cecily Cameron

Download or read book Clinical Negligence written by Cecily Cameron and published by Oxford University Press, USA. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 client care, maintaining effective relationships between solicitors and counsel, case management, and procedure. The book details the particular considerations and difficulties that apply to clinical negligence that distinguish it from other personal injury litigation, such as the development of the law of negligence in the field, the technical complexity of the evidence, and risk analysis. It also describes the external organisations that provide the context to the area, and the business considerations that must be understood if the work is to be undertaken profitably, including guidance on funding (Legal Services Commission, private and Conditional Fee Agreement) and insurance. Specific issues of difficulty, such as the differences between public and private sector defendants, are covered in full, and there are sections on particularly complex topics that can arise in practice such as fatal cases, hospital-acquired infections, and cost of upbringing cases. The text is complemented by a useful precedents section, which is organized in a thematic way to ensure ease of reference. Co-written by a solicitor and a barrister, the book benefits from their differing perspectives and experiences of the litigation process which ensures that all crucial elements of case preparation and presentation, and the relevant law and practice are covered in a clear and logical way. Clinical Negligence: A Practitioner's Handbook will be invaluable to junior solicitors and barristers working in the field, practitioners with a working knowledge of personal injury law who are beginning to develop a clinical negligence practice, medical professionals with an interest in medico-legal issues, and relevant legal and voluntary sector organisations.

Clinical Negligence

Author : Malcolm Khan
Publisher : Routledge
ISBN 13 : 1135344973
Total Pages : 646 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Clinical Negligence by : Malcolm Khan

Download or read book Clinical Negligence written by Malcolm Khan and published by Routledge. This book was released on 2012-08-21 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

Medical Negligence

Author : Michael A. Jones
Publisher :
ISBN 13 : 9780421717305
Total Pages : 966 pages
Book Rating : 4.7/5 (173 download)

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Book Synopsis Medical Negligence by : Michael A. Jones

Download or read book Medical Negligence written by Michael A. Jones and published by . This book was released on 2003 with total page 966 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides an authoritative commentary on all aspects of the law of medical negligence, and has been acclaimed for practitioners in the area. A high level text, it analyzes jurisprudence and case law in detail, identifying the legal principles at work with precision and clarity.

Clinical Negligence

Author : Malcolm Khan
Publisher : Routledge
ISBN 13 : 1135344981
Total Pages : 566 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Clinical Negligence by : Malcolm Khan

Download or read book Clinical Negligence written by Malcolm Khan and published by Routledge. This book was released on 2012-08-21 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

Big Data, Health Law, and Bioethics

Author : I. Glenn Cohen
Publisher : Cambridge University Press
ISBN 13 : 110815364X
Total Pages : 374 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Big Data, Health Law, and Bioethics by : I. Glenn Cohen

Download or read book Big Data, Health Law, and Bioethics written by I. Glenn Cohen and published by Cambridge University Press. This book was released on 2018-03-08 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: When data from all aspects of our lives can be relevant to our health - from our habits at the grocery store and our Google searches to our FitBit data and our medical records - can we really differentiate between big data and health big data? Will health big data be used for good, such as to improve drug safety, or ill, as in insurance discrimination? Will it disrupt health care (and the health care system) as we know it? Will it be possible to protect our health privacy? What barriers will there be to collecting and utilizing health big data? What role should law play, and what ethical concerns may arise? This timely, groundbreaking volume explores these questions and more from a variety of perspectives, examining how law promotes or discourages the use of big data in the health care sphere, and also what we can learn from other sectors.

Clinical Negligence

Author : Michael Powers
Publisher : Bloomsbury Publishing
ISBN 13 : 1780434855
Total Pages : 1527 pages
Book Rating : 4.7/5 (84 download)

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Book Synopsis Clinical Negligence by : Michael Powers

Download or read book Clinical Negligence written by Michael Powers and published by Bloomsbury Publishing. This book was released on 2015-01-01 with total page 1527 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clinical Negligence, Fifth Edition remains the only text of its kind to cover both medical and legal aspects of medical negligence. Written by a team of 54 experts, it continues to provide the most comprehensive and authoritative guidance on all aspects of clinical negligence claims from bringing an action for damages to presenting expert evidence in court. It also includes detailed consideration of funding and cost implications.Those needing clear updated guidance to make the best possible preparations for an action will find all they need here.Updates in the fifth editionSome of the key developments covered in the new edition are:New funding regime under Legal Aid, Punishment and Sentencing of Offenders Act 2012Montgomery v LanarkshireThe Mid Staffordshire NHS Foundation Trust Public Inquiry ("Francis Report")Sienkievicz v Greif Bailey v Ministry of Defence on causationWhetstone v MPS and Woodland v Essex County Council on liability of practicesPrivatisation of funding access to justice in clinical negligenceNew costs regime (QOWCS) under Civil Procedures RulesCoroners and Justice Act 2009 and secondary legislationEasy-to-access structureThe new edition maintains its easy-to-access, two-part structure. The first part, set out in 17 chapters, deals with legal aspects of medical malpractice, including complaints procedures, poor performance and medical professional governance, preparation of medical evidence, settlements and trial. The final 25 chapters in the second part cover the risks associated with particular areas of specialist medical practice. Previous print edition ISBN: 9781847660756

Improving Diagnosis in Health Care

Author : National Academies of Sciences, Engineering, and Medicine
Publisher : National Academies Press
ISBN 13 : 0309377722
Total Pages : 473 pages
Book Rating : 4.3/5 (93 download)

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Book Synopsis Improving Diagnosis in Health Care by : National Academies of Sciences, Engineering, and Medicine

Download or read book Improving Diagnosis in Health Care written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2015-12-29 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Getting the right diagnosis is a key aspect of health care - it provides an explanation of a patient's health problem and informs subsequent health care decisions. The diagnostic process is a complex, collaborative activity that involves clinical reasoning and information gathering to determine a patient's health problem. According to Improving Diagnosis in Health Care, diagnostic errors-inaccurate or delayed diagnoses-persist throughout all settings of care and continue to harm an unacceptable number of patients. It is likely that most people will experience at least one diagnostic error in their lifetime, sometimes with devastating consequences. Diagnostic errors may cause harm to patients by preventing or delaying appropriate treatment, providing unnecessary or harmful treatment, or resulting in psychological or financial repercussions. The committee concluded that improving the diagnostic process is not only possible, but also represents a moral, professional, and public health imperative. Improving Diagnosis in Health Care, a continuation of the landmark Institute of Medicine reports To Err Is Human (2000) and Crossing the Quality Chasm (2001), finds that diagnosis-and, in particular, the occurrence of diagnostic errorsâ€"has been largely unappreciated in efforts to improve the quality and safety of health care. Without a dedicated focus on improving diagnosis, diagnostic errors will likely worsen as the delivery of health care and the diagnostic process continue to increase in complexity. Just as the diagnostic process is a collaborative activity, improving diagnosis will require collaboration and a widespread commitment to change among health care professionals, health care organizations, patients and their families, researchers, and policy makers. The recommendations of Improving Diagnosis in Health Care contribute to the growing momentum for change in this crucial area of health care quality and safety.

Clinical Guidelines and the Law

Author : Brian Hurwitz
Publisher : CRC Press
ISBN 13 : 1315345951
Total Pages : 156 pages
Book Rating : 4.3/5 (153 download)

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Book Synopsis Clinical Guidelines and the Law by : Brian Hurwitz

Download or read book Clinical Guidelines and the Law written by Brian Hurwitz and published by CRC Press. This book was released on 2018-05-08 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guidelines are powerful instruments of assistance to clinicians, capable of extending the clinical roles of nurses and pharmacists. Purchasers and managers perceive them as technological tools guaranteeing treatment quality. Guidelines also offer mechanisms by which doctors and other health care professionals can be made more accountable to their patients. - But how can clinicians tell whether a guideline has authority, and whether or not it should be followed? - Does the law protect doctors who comply with guidelines? - Are guideline developers liable for faulty advice? This timely book provides a comprehensive and accessible analysis of the many medical and legal issues arising from the current explosion of clinical guidelines. Featuring clear summaries of relevant UK, US and Commonwealth case law, it is vital reading for all doctors, health care workers, managers, purchasers, patients, and lawyers.

Malpractice and Medical Liability

Author : Santo Davide Ferrara
Publisher : Springer Science & Business Media
ISBN 13 : 3642358314
Total Pages : 374 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Malpractice and Medical Liability by : Santo Davide Ferrara

Download or read book Malpractice and Medical Liability written by Santo Davide Ferrara and published by Springer Science & Business Media. This book was released on 2013-04-11 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical responsibility lawsuits have become a fact of life in every physician’s medical practice. However, there is evidence that physicians are increasingly practising defensive medicine, ordering more tests than may be necessary and avoiding patients with complicated conditions. The modern practice of medicine is increasingly complicated by factors beyond the traditional realm of patient care, including novel technologies, loss of physician autonomy, and economic pressures. A continuing and significant issue affecting physicians and the healthcare system is malpractice. In the latter half of the 20th century, there was a major change in the attitude of the public towards the medical profession. People were made aware of the huge advances in medical technology, because health problems increasingly tended to attract media interest and wide publicity. Medicine is a victim of its own success in this respect, and people are now led to expect the latest techniques and perfect outcomes on all occasions. This burst of technology and hyper-specialization in many fields of medicine means that each malpractice claim is transformed into a scientific challenge, requiring specific preparation in analysis and judgment of the clinical case in question. The role of legal medicine becomes more and more peculiar in this judicial setting, often giving rise to erroneous interpretations and hasty scientific verdicts, but guidelines on the methodology of ascertainments and criteria of evaluation are lacking all over the world.The aim of this volume is to clarify the steps required for sequential in-depth analysis of events and consequences of medical actions, in order to verify whether, in the presence of damage, errors or non-observance of rules of conduct by health personnel exist, and which causal values and links of their hypothetical misconduct are involved.

Handling Clinical Negligence Claims in England

Author : Great Britain. National Audit Office
Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Handling Clinical Negligence Claims in England by : Great Britain. National Audit Office

Download or read book Handling Clinical Negligence Claims in England written by Great Britain. National Audit Office and published by . This book was released on 2001 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is concern about the lack of publicly available information on clinical negligence claims and whether the system is cost-effective, quick, efficient and humane. This report looks at the number of claims, the cost of settling them and the time taken; patients access to remedies and who patients claims are managed. It found that claims in England rose 72% between 1990 and 1998 and the net present value of outstanding claims was �2.6 billion. Claims still take a long time to settle and those that were closed in 1999/2000 took average five and a half years to settle (excluding cerebral palsy and brain damage).

Evidential Uncertainty in Causation in Negligence

Author : Gemma Turton
Publisher : Bloomsbury Publishing
ISBN 13 : 1509900330
Total Pages : 419 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Evidential Uncertainty in Causation in Negligence by : Gemma Turton

Download or read book Evidential Uncertainty in Causation in Negligence written by Gemma Turton and published by Bloomsbury Publishing. This book was released on 2016-05-19 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.

Clinical Negligence in General Practice

Author : Michael Drury
Publisher : Radcliffe Publishing
ISBN 13 : 9781857753677
Total Pages : 260 pages
Book Rating : 4.7/5 (536 download)

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Book Synopsis Clinical Negligence in General Practice by : Michael Drury

Download or read book Clinical Negligence in General Practice written by Michael Drury and published by Radcliffe Publishing. This book was released on 2000 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work aims to show the recent changes in the law of clinical negligence and the difference between English and Scottish law. It includes claims under civil law and the responsibilities of the General Medical Council.

Medical Negligence and Childbirth

Author : Doireann O'Mahony
Publisher : Bloomsbury Publishing
ISBN 13 : 1526516012
Total Pages : 548 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Medical Negligence and Childbirth by : Doireann O'Mahony

Download or read book Medical Negligence and Childbirth written by Doireann O'Mahony and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this well-received book from 2015, which was named 'Legal Book of the Year' at the Irish Law Awards in 2016, takes account of recent developments in the area of medical negligence and childbirth. With contributions from world-leading experts in obstetrics, gynaecology, neonatology and other related specialties, this book will equip legal practitioners with the knowledge they need to advise on complex birth-related injuries. The second edition contains ten brand new chapters covering issues including termination of pregnancy, autism, inquests and fatal injuries actions, as well as actions for wrongful birth. The up-to-date practice and procedure in medical negligence litigation is made clear, and quantum is explained in a readily comprehensible fashion. As well as covering the legal implications of the various birth-related injuries, including analysing UK and Irish case law, the book also uniquely explains birth injuries from a medical perspective. This book will prove useful to both lawyers and medical professionals alike.

Clinical Negligence

Author : Dr Michael Powers KC
Publisher : Bloomsbury Publishing
ISBN 13 : 1526521547
Total Pages : 1609 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Clinical Negligence by : Dr Michael Powers KC

Download or read book Clinical Negligence written by Dr Michael Powers KC and published by Bloomsbury Publishing. This book was released on 2023-07-31 with total page 1609 pages. Available in PDF, EPUB and Kindle. Book excerpt: "I would highly recommend this book...It is high quality, clear and comprehensive and will no doubt prove an invaluable source of reference. Five stars on all counts." Tim Kevan, co-editor, PIBULJ.COM This book remains the only text of its kind to cover both the medical and legal aspects of medical negligence. Written by a team of more than 60 experts, it continues to provide the most comprehensive and authoritative guidance on all aspects of clinical negligence claims, from bringing an action for damages to presenting expert evidence in court. It also includes detailed consideration of funding and cost implications. Those needing clear guidance to make the best possible preparations for an action will find all they need here. The new 6th edition has been fully revised and restructured, including new chapters on the future of clinical negligence litigation, cardiology, gynaecology, obstetrics, haematology , and also includes coverage and analysis of recent key cases such as: - Williams v Bermuda Hospitals [2016] UKPC 4 (causation) - R (on the application of Maughan) v HM Senior Coroner for Oxfordshire [2020] UKSC 46 (suicide in inquests) - Darnley v Croydon Health Authority [2018] UKSC 50 (duty of care owed by receptionist) - ABC v St George's Hosp [2020] EWHC 455 (Huntington's chorea confidentiality) - Swift v Carpenter [2020] EWCA Civ 1295 (future accommodation costs) - Whittington Hospital NHS Trust v XX [2020] UKSC 14 (damages for surrogacy) - Khan v Meadows [2021] UKSC 21 (scope of duty of care) - Nguyen v HM Assistant Coroner for Inner West London [2021] EWHC 3354 (sufficiency of inquiry) Easy-to-access structure The new edition maintains its easy-to-access, two-part structure. The first part, set out in 16 chapters, deals with legal aspects of medical malpractice, including complaints procedures, poor performance and medical professional governance, preparation of medical evidence, settlements and trial. There are also chapters on product liability, and coronial law. The final 27 chapters in the second part cover the risks associated with particular areas of specialist medical practice. This title is included in Bloomsbury Professional's Clinical Negligence online service.

Lewis and Buchan: Clinical Negligence – A Practical Guide

Author : Andrew Buchan
Publisher : Bloomsbury Publishing
ISBN 13 : 1526505355
Total Pages : 947 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Lewis and Buchan: Clinical Negligence – A Practical Guide by : Andrew Buchan

Download or read book Lewis and Buchan: Clinical Negligence – A Practical Guide written by Andrew Buchan and published by Bloomsbury Publishing. This book was released on 2019-10-25 with total page 947 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professional negligence cases are a minefield and clinical negligence cases are no exception. Providing invaluable advice from the leading experts in the field for each stage in a claim for clinical negligence. Full analysis of the relevant governing procedures and principles is provided, plus issues of funding and costs, including complaints procedures and procedures in the Court of Protection, as well as the interplay with human rights and the role of expert witnesses. The Eighth Edition ensures that practitioners maintain a progressive edge by providing useful precedents such as the latest model directions, instructions for experts and draft agendas for experts. It contains a new chapter on product liability and a separate Welsh chapter. It also includes coverage of the more than 250 reported cases concerning clinical negligence since the last edition. This includes: 2 in the Supreme Court 36 in the Court of Appeal - Civil Division 226 in the Queen's Bench Division 20+ in the county courts These cases cover a wide range of subjects from causation and breach of duty through to specifics relating to life expectancy and wrongful birth. An invaluable resource for all those involved in clinical negligence cases including personal injury and medical law solicitors, barristers and the judiciary. Medical doctors and legal advisors in NHS trusts will also find this a helpful guide. “This is a first class book, which provides a scholarly account of clinical negligence law”. Journal of Professional Negligence (Review of a previous edition)