Welcome to the Vintage Claims Management Group. Today we will discuss the pre-action protocols for medical negligence in the UK. Clinical negligence happens when a patient gets injured due to the negligence of medical staff.
Also, a patient may claim that they got a viral infection or transferable disease by the medical staff’s negligence. Furthermore, if a patient is unsatisfied with the medical treatment, he becomes eligible for a clinical negligence claim. Such patients can claim against both private and public healthcare officials.
Now, let’s answer some of the questions asked by our users; what is a pre-action protocol for clinical negligence? The pre-action protocol for medical negligence is the official protocol to settle the clinical or medical negligence claim before the court proceeding. This can be done by settling both parties or in any other way.
Pre-Action Protocol Clinical Negligence
After the above discussion, let’s discuss the pre-action protocol for clinical negligence. The first step is to send a letter of claim to the defending party. This letter must include the detail of the nature and extent of the harm suffered. The time frame to respond to the letter from defending party is also included.
Upon receipt of the letter of claim, the defendant should send the response letter. This letter includes the claim’s acknowledgment and the information about admitting or denying the claim. The defendant may also ask the claimant for further information through this letter. If the claim liability is admitted, then the defendant offers the settlement.
If the defendant asks for further information, medical records and expert evidence will be required after the response letter. Furthermore, you will provide the medical evidence to prove a strong claim if he denies it.
Before commencing legal proceedings, the parties should consider whether ADR may be an appropriate way to resolve the dispute. ADR can be mediation, arbitration, or early neutral evaluation.
The claimant and defendant should sign a Statement of Truth to confirm that they have disclosed all relevant information and evidence. Also, the information provided in the correspondence is true to the best of their knowledge and belief.
Legal proceedings may commence if the above steps cannot resolve the claim. However, the court expects the parties to have complied with the Pre-Action Protocol and tried to resolve the dispute before issuing proceedings. The pre-action protocol letter can be the proof of taken pre-actions.