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Clinical negligence new starter guide

Clinical negligence new starter guide is aimed at claimant and defendant paralegals, trainee solicitors and those who are starting out in clinical negligence practice. It provides an introduction to the topic, factors to be aware of and a summary of the key steps in commencing, running and responding to a claim.

Pre-action protocols

The Pre-Action Protocol for the Resolution of Clinical Disputes (Clinical Disputes Protocol) is designed to encourage a climate of openness when something has gone wrong with a patient’s treatment or the patient is dissatisfied with medical treatment. It sets out a timed sequence of steps for patients and health care providers to follow when a dispute arises. It is designed to speed up the exchange of relevant information and increase the prospects of dispute resolution without resorting to legal action. This protocol is now regarded by the courts as setting the standard of normal reasonable pre-action conduct for the resolution of clinical disputes. For further guidance, see Practice Note: The Pre-Action Protocol for the Resolution of Clinical Disputes—6 April 2015 onwards.

The protocol now makes specific reference

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