Parties:

1. [Insert name of Claimant]        Claimant

   [(a patient, by his son and Litigation friend XX (insert name of LF)]

1. -and-

1. [Insert name of Defendant]        Defendant

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Particulars of claim

(CLINICAL Negligence)

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The parties

1. 1. 1

      The Claimant, a patient, was at all material times under the care of the Defendant, its employees or agents in respect of his nursing and Personal care.

   1. 2

      At all material times the Defendant operated, managed and administered a residential care home known as [Insert care home name], situated at [Address] (‘the care home’).

   1. 3

      At all material times referred to below:

      1. 3.1

         the Claimant was under the care of the Defendant and the Defendant owed a direct, non-delegable duty to the Claimant in respect of that care;

      1. 3.2

         the Defendant’s staff, agents and employees owed the Claimant a duty of care to treat them with reasonable professional care, competence and skill; and

      1. 3.3

         the said staff, agents or employees had the care of the Claimant