Making A Clinical Negligence Claim
During this stage your lawyer will send a letter of claim to the negligent medical practitioner or NHS Trust.
If the evidence supports your case, a letter of claim will be sent to the negligent party at the end of the initial investigation (Stage 1).
There is a code of practice, which is used in clinical negligence cases. The Pre-Action Protocol for the Resolution of Clinical Disputes encourages openness when something has “gone wrong” with a patient’s treatment. It provides general guidance and a timed sequence of steps for dealing with clinical negligence disputes.
Once health records and medical evidence have been collected during the initial investigation a detailed letter of claim can be sent to the negligent practitioner or NHS Trust. According to the Protocol, the negligent party must provide a detailed letter of response within three months.
The letter of response may admit negligence, admit part of the claim only or deny the claim. If admissions are made then it is sometimes possible to negotiate settlement of the case without the need to issue court proceedings.
Blog
2012-05-16 16:55:56
I was delighted to see the new President of the Association of Personal Injury Lawyers (APIL) wasting no time at all in taking the fight to the insurance industry. In his first speech as leader, Mr Tonks was vociferous in his criticism of insurance companies who drive up costs unnecessarily and then pass them on [...]
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2012-03-05 17:14:17
The Clinical Negligence team at Express Solicitors has watched with interest the situation regarding defective hip implants manufactured by DePuy. Around 49000 people in the UK have the ‘metalonmetal’ hip implants which have caused Personal Injury to many users. 49000 UK Patients At Risk From Defective Hip Devices The problem stems from device’s ball and joint [...]
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