Liability

Liability guidance:

Causation and remoteness are the principles that the courts use to determine what should be recoverable in damages as a result of clinical negligence. The law, therefore,...

Practice Note

Produced in partnership with Catriona Stirling of Cloisters Chambers IN THE [COUNTY COURT AT [Insert] OR HIGH COURT]Claim No. [Insert claim number] Parties: [Mrs Jane...

Precedents

Produced in partnership with Catriona Stirling of Cloisters Chambers IN THE [COUNTY COURT AT [Insert] OR HIGH COURT]Claim No. [Insert claim number] Parties: [MR JOE...

Precedents

Produced in partnership with Thea Wilson of 12 Kings Bench Walk [In the High Court of Justice OR In the County Court at [insert]] Claim No: Between A B Claimants and X Y...

Precedents

Produced in partnership with Catriona Stirling of Cloisters Chambers IN THE [COUNTY COURT AT [Insert] OR HIGH COURT]Claim No. [Insert claim number] Parties: [Mr JO...

Precedents

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...

Practice Note

Produced in partnership with James Byrne of 9 Gough Square [In the high court [specify any division] OR in the county court at [insert location]] Claim no.: [insert claim...

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Overview of anaesthesia practice Anaesthesia forms the largest single hospital medical speciality and the skills of anaesthetists are used in all aspects of patient care....

Practice Note

This Practice Note sets out practical considerations when managing these types of claims, followed by an overview of common types of injury to children occurring during...

Practice Note

This Practice Note begins with a reminder of the importance of Montgomery, followed by an examination of the practical considerations when managing these types of claims....

Practice Note

Breach of duty For details of the law on breach of duty in clinical negligence claims see Practice Note: Duty of care and breach in clinical negligence claims. Practical...

Practice Note

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...

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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...

Precedents

Across the spectrum of clinical negligence cases between those involving issues of ‘pure diagnosis’ and ‘pure treatment’, claims arising out of negligently performed...

Practice Note

Treatment of a patient by a doctor requires prior consent in order to be lawful. This is so whether the treatment is a simple test or an invasive operation. In practice,...

Practice Note

For further consent issues such as emergency treatment, withdrawal of consent, capacity, battery and Human Rights Act Claims, see Practice Note: Consent in clinical...

Practice Note

Produced in partnership with Nageena Khalique QC of No 5 Chambers Claim No: [insert number] In the High Court of Justice Queen's Bench Division [District Registry]...

Precedents

Produced in partnership with David Green of 12 King's Bench Walk [IN THE COUNTY COURT AT [insert]ORIN THE HIGH COURT]Claim No: Parties: A B Claimant and C D NHS...

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Introduction The standard of duty for doctors and other medical practitioners is well-known, and establishing whether a breach has or has not taken place is typically...

Practice Note

Dear [insert expert’s name] Re: [insert name of client and the client’s date of birth, address and telephone number] Date of accident: [insert date of accident] Thank you...

Precedents

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...

Practice Note

What is a health care associated infection? The Health Protection Agency (now part of Public Health England) defined health care associated infections (HCAIs), in...

Practice Note

The medical degree Studying medicine is a popular career choice and over the years it has become extremely competitive to secure a place at medical school. The degree...

Practice Note

Produced in partnership with Giles Mooney of 9 Gough Square Letter of Claim (Insert headings etc.) Our Client: [Insert Name] Address: [Insert] Date of Birth: [Insert]...

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Letter of Claim (Insert headings etc.) Our Client: [Insert Name] Address: [Insert] Date of Birth: [Insert] Date of alleged negligent treatment: [Insert] Dear [insert...

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Produced in partnership with Arti Shah Dear [insert expert’s name] Claimant’s name: [insert the Claimant’s name] Claimant’s address: [insert the Claimant’s address]...

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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...

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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...

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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...

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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...

Precedents
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