Clinical Medical Negligence

A standard litigation procedure will be followed when a clinical medical negligence claim is made. Below is a brief outline of the procedure.

Stage one

At this initial stage, the claimant’s representatives will have to obtain medical reports outlining the claimant’s injuries. They will have to analyse the report and consider if the claimant has a claim for clinical medical negligence. If they do have a case, they will attempt to settle the case with the other side. If the two parties cannot reach an agreement, the claimant should issue a claim form along with the particulars of the claim. The particulars of the claim should set out why the claimant thinks they have a claim for clinical medical negligence. It should also set out how much in damages they are claiming and whether they are claiming interest on this amount.

Stage two

The defendant should file a defence in response to the particulars of claim. The defence should state the grounds on which they intend to defend the clinical medical negligence claim. There are specific time limits for the filing of the defence. Once the court receives the defence, they will allocate the claim to a track.

Stage three

At this stage the court will give directions on how the claim is to proceed. They will set deadlines for the exchange of documents between parties.

Stage four

The trial takes place at this stage.

Stage five

If either the party wishes to appeal the decision then they may.

If you would like to obtain legal advice and information on bringing or defending a clinical medical negligence claim, Contact Law can put you in touch with a local specialist Civil Litigation Solicitor free of charge. So, if you have any questions or would like our help in finding local Civil Litigation Solicitors please call us on 0800 1777 162 or complete the web-form above. 

Last Updated on 02/03/2010