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Medical Law and Ethics

Medical Law and Ethics (8th edn)

Jonathan Herring
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date: 04 June 2023

p. 1023. Medical Negligencelocked

p. 1023. Medical Negligencelocked

  • Jonathan HerringJonathan HerringProfessor of Law, Exeter College, University of Oxford


This chapter examines the legal and ethical aspects of medical negligence. It begins with an overview of the law and medical malpractice. It then discusses the law of negligence; the law of contract; medical malpractice litigation in practice; legal costs; the perception that medical negligence litigation is unsatisfactory; the NHS Redress Act 2006; the ‘no fault’ scheme; and the law governing medicines. The law in this area seeks to strike a balance between ensuring patients receive compensation if they have been harmed as a result of bad treatment, and allowing doctors professional freedom to determine which treatment is most appropriate for a particular condition.

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