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Clinical Negligence Litigation

This stage involves issuing court proceedings, exchanging medical reports and evidence with the opponents, settling your claim and preparing the matter for trial if necessary.

In some clinical negligence cases it is possible to resolve the dispute and settle of the case without needing to go to court, but quite often it is necessary for court proceedings to be issued. 

Issuing court proceedings

Your lawyer will prepare the necessary Court documents. They will then issue proceedings at the local County Court or High Court, depending on the value of the claim. 

After the proceedings are issued they are served upon the Defendants (the negligent practitioner or their solicitors), who are required to file a Court document known as a Defence setting out whether they admit all or part of the claim. 

It can take between six weeks and three months for the Defendants to serve a Defence to the action. Soon after that the legal representatives on both sides complete a Questionnaire for the Court.

The Judge will consider the Questionnaire and information provided by the parties and make a Court Order setting out a timetable for the remaining steps that need to be taken in the case. Quite often, at least one Case Management Conference takes place between the legal representatives and the Judge, normally by telephone.

All cases are different but some common steps in the proceedings are: 

Very frequently clinical negligence cases are resolved with settlement being negotiated after the proceedings have been issued and served but before the case ever reaches trial. Most cases settle before they ever reach trial.

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