The following PI & Clinical Negligence guidance note Produced in partnership with Sue Brown provides comprehensive and up to date legal information covering:
This Practice Note aims to provide an overview of the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims from 31 July 2013 (EL/PL PAP) from stage two of the process onwards. For guidance on stage one see: EL/PL claims in the portal—a practical guide (stage one)
The Portal, initially launched for road traffic accident (RTA) claims on 30 April 2010, was extended on 31 July 2013 to cover Employers’ Liability (EL) and Public Liability (PL) claims, and from that date all claims for compensation for personal injury arising from an EL/PL accident valued between £1,000 and £25,000 were required to be submitted via the Portal.
In order to start Stage 2 of the process, the claimant (C) requires a medical report.
The PAP states: 'it is expected that most claimants will obtain a medical report from one expert, but additional reports may be obtained from other experts where the injuries require reports from more than one medical discipline' (para 7.2), and that the medical expert should identify the medical records considered relevant to the claim, and the Claimant Representative (CR) should disclose these relevant records to the Compensator (Comp) with the medical report (7.4). Any relevant photographs should also be disclosed.
A subsequent report from the same expert must be
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