ABSTRACT

We now consider the main principles in English law which determine medical negligence, which, mutatis mutandis, are the same principles as the negligence principles which operate under the English law of tort. Note, however, that this chapter is not intended to be an exhaustive study of medical negligence, for which there are several excellent treatises, many of which are listed in the bibliography at the end of this chapter. However, as with other chapters in Part I, a brief conspectus of the main principles is provided so that the reader who wishes to consider the position in non-English jurisdictions has a basis for comparison.