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....
Essential contents 1 Client's name, address, date of birth, etc 2 Dates of allegedly negligent treatment 3 Events giving rise to the claim: 3.1 an outline of what...
Essential contents 1 Provide requested records and invoice for copying: 1.1 explain if records are incomplete or extensive records are held and ask for further...
There are a number of commonly encountered liability disputes when dealing with dental claims. These include: • periodontal claims • cosmetic dentistry • consent disputes...
Produced in partnership with Nageena Khalique QC of No 5 Chambers STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6...
The duty of care A medical practitioner owes a duty of care to their patient. This duty is to take reasonable care to: • take a proper history • investigate the patient’s...
Dental notes A common difficulty for lawyers dealing with dental negligence claims is the nomenclature in the notes. The format of notes has changed over the years and...
Produced in partnership with Arti Shah Dear [insert name] Case details: Name Address Date of Birth Date of Alleged Negligent Treatment [I act for the claimant in relation...
Dear [insert name] Case details: Name Address Date of Birth Date of Alleged Negligent Treatment [I act for the claimant in relation to a claim for damages for treatment...
Produced in partnership with Arti Shah Dear [insert name] Case details: Name Address Date of Birth Date of Alleged Negligent Treatment [I act for the claimant in relation...
To Defendant Dear [insert organisation name] Letter of Notification Re: [Claimant’s Name, Address, DoB and NHS Number] We have been instructed to act on behalf of...
To Claimant Dear [insert organisation name] Letter of Response [Claimant’s name] v [Defendant’s Name] We have been instructed to act on behalf of [Defendant’s name] in...
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...
Introduction Resolving claims by agreement is usually preferable to a trial. Claimants and defendants are spared the distress and cost of a trial, funders or insurers...
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5 August 2019. General...