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1. What type of factual, legal and expert issues may typically arise in healthcare/medical litigation? Please give a brief overview of the different areas.
2. Has the increase in healthcare-related litigation detrimentally affected the provision of healthcare services?
3. What particular litigation issues may arise in connection with health insurance?
4. What makes healthcare litigation a particularly complex area of litigation? What are the unique challenges to litigation in the healthcare industry?
5. Where are medical/healthcare civil claims determined? What are the relative advantages and disadvantages, in this context, of litigation, arbitration and ADR?
6. Are there any no-fault compensation schemes? If so, how do these compare with litigation/arbitration/ADR?
7. How prevalent are class actions/plaintiff support groups? What particular issues may arise in mass tort litigation? Is it practicable for multi-plaintiff claims be referred to arbitration or ADR?
8. How do healthcare management structures affect a claimant’s choice of defendant?employees/service providers?
9. Can suppliers or manufacturers of medicines or equipment be made liable in respect of their use? What recent developments have there been in this area?
10. Please outline the particular problems which may need to be addressed in relation to practical management of healthcare litigation/arbitration. Do different issues arise in arbitration or ADR?
11. Please give examples of the particular practical issues which may arise in the various areas of healthcare dispute resolution identified in question 1? Are there particular issues which arise typically in particular types of dispute?
12. How will a court/tribunal determine what documents need to be disclosed by the parties to litigation/arbitration? What issues of privacy or confidentiality may this raise? What factors need to be considered by healthcare providers/insurers in relation to retention of documents and records?
13. What particular issues may need to be addressed in connection with expert evidence? Is there scope for the use of expert evidence in a non-adversarial setting (eg ADR)?
14. How may industry standards be relevant in healthcare related litigation? How are such standards defined? Are there any relevant guidelines?
15. What techniques can be used to minimise the cost and duration of healthcare litigation?
16. How can those involved in healthcare provision best protect themselves from litigation?
17. What are likely to be the important developments in this area?
18. Is there any other FAQ which has not been raised above but which should be addressed? Please explain its significance.
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