The pre-action protocol for the resolution of clinical disputes—6 April 2015 onwards
The pre-action protocol for the resolution of clinical disputes—6 April 2015 onwards

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

  • The pre-action protocol for the resolution of clinical disputes—6 April 2015 onwards
  • Background
  • Main changes
  • The protocol
  • Protocol steps
  • Extension of time
  • Offers

Brexit: As of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law including the General Data Protection Regulation, Regulation (EU) 2016/679. For further guidance on that period, its duration and the data protection laws that are anticipated to apply after the end of it, see Practice Note: Brexit—implications for data protection.

For the pre 6 April 2015 version, see Practice Note: The Pre-Action Protocol for the Resolution of Clinical Disputes—pre-6 April 2015 [Archived].

Background

When the clinical disputes protocol was first introduced and given Lord Woolf’s concern about the adversarial nature of clinical negligence litigation, the protocol included a lot of explanatory material about the aims and objectives of the reforms generally. Much of this material was subsequently thought ineffective and so was removed in an effort to streamline the protocol and reinforce its use as a procedural tool.

The clinical disputes protocol retains a strong emphasis on communication between parties, early investigation and on resolution prior to the commencement of any proceedings. It also reflects the unique complexities of clinical disputes; both with regard to the patient/clinician relationship and with regard to the use of experts.

The protocol