Personal injury/Clinical negligence : Future rights (and wrongs)
Human rights legislation coming into effect this October could have a significant impact in cases of clinical negligence coming through the courts, says Philip Havers
The Human Rights Act is to be brought into effect on 2 October. It is self-evident that it will have an immediate impact on public and criminal law, but it may also have a significant impact on the law of clinical negligence.The articles that are likely to have an impact on this area of law are Articles 2, 3 and 8. Both Articles 2 and 3 confer absolute rights which means they cannot be derogated from, even in times of war or public emergency. Article 8 is a qualified right.
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