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12th National Biomedical and Clinical Engineering Conference

The NHS Litigation Authority (1). Special Health AuthorityFormed in 1995Covers England onlyArrangements for rest of UK. The NHS Litigation Authority (2). Administers schemes on behalf of Secretary of State for HealthNot an insurance companyClinical (ELS CNST)Non-Clinical (RPST PES). NHS In

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12th National Biomedical and Clinical Engineering Conference

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    1. 12th National Biomedical and Clinical Engineering Conference Litigation and the Biomedical Engineer

    2. The NHS Litigation Authority (1) Special Health Authority Formed in 1995 Covers England only Arrangements for rest of UK

    3. The NHS Litigation Authority (2) Administers schemes on behalf of Secretary of State for Health Not an insurance company Clinical (ELS + CNST) Non-Clinical (RPST + PES)

    4. NHS Indemnity Introduced in 1990 Covers UK NHS staff benefit from this regarding claims arising out of and in the course of their employment No cover for frolics.

    5. Types of Liability Negligence Nuisance Breach of statutory duty Vicarious Strict

    6. Litigation in Practice (1) NHS cases will be against the employer, due to NHS indemnity Private cases will usually be against the individual Products claims will always involve the organisation, unless item made personally and privately

    7. Litigation in Practice (2) Consumer Protection Act, 1987 Data Protection Act, 1998 Human Rights Act, 1998 Health and Safety at Work etc. Act, 1974

    8. Litigation in Practice (3) Importance of good records Training Adherence to guidelines Risk versus affordability

    9. Statistics (1) Numbers of new Clinical Negligence claims received by NHSLA: 2005/6 5,697 2006/7 5,426 2007/8 5,470

    10. Statistics (2) Payments on Clinical Negligence cases by NHSLA: 2005/6 560.3M 2006/7 579.4M 2007/8 633.3M

    11. Selected Cases Yearworth & Others v N Bristol NHS Trust Loss of sperm (Bristol County Court, 12/3/08) Blockages to anaesthetic tubing Farraj v Kings Healthcare NHS Trust and Cytogenetic DNA Services Ltd Laboratory owes duty to parents (High Court, 26/5/06 Swift J)

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