TRENDS IN SURGICAL LITIGATION CLAIMS

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Abstract

Civil claims against NHS bodies in England arising from the actions or inaction of surgeons have risen by 66% in 5 years owing to the funding system in place prior to 1 April 2013. Orthopaedics accounts for the largest percentage of claims. The basic legal test (Bolam) has been in place since the late 1950s and has been amended only slightly by Bolitho in 1997.

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