Clinical negligence claims procedure
Clinical negligence claims procedure

The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:

  • Clinical negligence claims procedure
  • Introduction
  • Directions questionnaire
  • Case management conferences
  • Model Directions
  • Alternative dispute resolution
  • Split trials
  • Disclosure
  • Medical records
  • Original records
  • more

Introduction

This Practice Note provides an overview of the claims procedure to be used in clinical negligence cases following service of the initial statements of case. It is limited to claims allocated to the multi-track. Although the general principles of personal injury law apply, practitioners must also be aware of the specific considerations for clinical negligence claims.

Practitioners should also be familiar with the Pre-action Protocol for Clinical Disputes. See Practice Note: The pre-action protocol for the resolution of clinical disputes—6 April 2015 onwards.

In addition, practitioners should ensure that they are compliant with the evolving requirements of costs budgeting.

See Practice Note: Cost budgets—form, content and practical considerations.

Clinical negligence litigation can be complex and lengthy. The court must actively manage these claims to ensure they are dealt with justly and at proportionate cost. Practitioners should keep in mind the obligation to help the court with this goal.

Directions questionnaire

If a case is being defended, the parties must complete a Directions Questionnaire (form N181) attaching proposed directions based on the Model Directions discussed below. Ideally these directions should be agreed. Parties’ representatives will be given a date by which this form must be returned.

A stay of up to one month can be requested to try and resolve the matter although this is unlikely to be appropriate in a complex clinical