Clinical negligence claims procedure
Clinical negligence claims procedure

The following PI & Clinical Negligence practice 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...

Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation processes during the coronavirus (COVID-19) situation. The Protocol covers limitation and extensions of time, communication, service, medical examinations, exchange of evidence, interim payments, settlement meetings and mediations, BACS payments, costs budgeting and hearings (including adjournments). It is proposed that the protocol should be reviewed every eight weeks. For details, see Practice Note: Coronavirus (COVID-19) implications for PI and clinical negligence—Case management of clinical negligence claims.

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

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