With contributions from world-leading experts in obstetrics, gynaecology, neonatology and related specialties, this book equips legal practitioners with the knowledge required to advise on complex birth-related injuries. As well as analysing the legal implications of such injuries and examining key Irish and UK case law, Clinical Negligence and Childbirth uniquely explains birth injuries from a clinical perspective in a manner accessible to non-medics. Fully updated to reflect developments in expert evidence, assisted decision-making, standards of care and judicial fact-finding, the Third Edition also includes new chapters on: - Capacity - Genetic Testing - Maternal Death This edition is an invaluable guide for legal and medical professionals who need to remain current with the law of clinical negligence as it applies to pregnancy, labour and newborn care. The first edition of this book (originally entitled Medical Negligence and Childbirth) was named Legal Book of the Year at the Irish Law Awards in 2016. This title is included in Bloomsbury Professional's Irish Medical Law online service.
Arvustused
The 2nd Edition of this excellent contribution to the medico-legal field remains an important part of the medico-legal literature and landscape and remains of immense assistance and help to anyone involved in the area of childbirth and clinical negligence and is a text that is therefore highly recommended. (Review of the 2nd edition). * Medico-Legal Journal of Ireland * Often, a textbook appeals to too narrow an audience, but the author is to be applauded for making this book accessible and intelligible, not only to experienced lawyers and doctors, but also medical or legal lay people. The volume offers a commanding overview of an area that, at some point, touches all of our lives. Highly recommended. (Review of a previous edition). * The Law Society Gazette *
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The authoritative guide to the law of negligence in relation to birth-related injuries.
Part I: Practice, Procedure and Proofs
Chapter 1: Initial Contact with Client, and Investigation
Chapter 2: Statutory Limitation Periods
Chapter 3: Assembling Evidence as to Fact
Chapter 4: Medical Records
Chapter 5: Findings as to Facts
Chapter 6: Assembly of Expert Evidence on Breach of Duty and Causation
Chapter 7: Ascertaining the Grounds of Defence, and Common Pre-Trial
Applications
Chapter 8: Trial
Chapter 9: Costs
Part II: Consent
Chapter 10: Self-Determination in Childbirth: The Law of Consent
Part III: Capacity
Chapter 11: Capacity
Part IV: Brain Injury
Chapter 12: What is Cerebral Palsy?
Chapter 13: What Causes Cerebral Palsy?
Chapter 14: Neonatal Resuscitation
Chapter 15: The Law
Chapter 16: Timing Fetal Brain Damage Caused by Acute Near Total Asphyxia
Chapter 17: Timing Fetal Brain Damage Caused by Chronic Partial Asphyxia
Chapter 18: Autism Spectrum Disorder
Chapter 19: Genetic Testing
Part V: Other Injuries
Chapter 20: Failed Pregnancy
Chapter 21: Termination of Pregnancy: Practice and Problems
Chapter 22: Obstetric Brachial Plexus Injury
Chapter 23: Injuries Caused by the Obstetric Forceps
Chapter 24: Obstetric Anal Sphincter Injury
Chapter 25: Urological Injury Related to Childbirth
Chapter 26: Pre-term Birth Complications
Chapter 27: Screening for Fetal Abnormalities in the Context of Wrongful
Birth
Chapter 28: Wrongful Conception, Wrongful Birth and Wrongful Life
Chapter 29: Psychiatric Injury Relating to Childbirth
Chapter 30: Psychosexual Injury Relating to Childbirth
Chapter 31: Wrongful Death Actions
Chapter 32: Death Investigation
Chapter 33: Maternal Death
Part VI: Quantum of Damages
Chapter 34: Quantum of Damages
Epilogue
Appendix: Support Services
Doireann OMahony graduated from University College Cork with a BCL in 2010 and an LLB in 2011. She was called to the Bar of Ireland in 2012, and to the Bar of England and Wales in 2018. She practises exclusively in clinical negligence litigation and is recognised as one of the leading practitioners in the field. She has written extensively on clinical negligence and, more recently, on coroners inquests.
