Identifying Defendants in Clinical Negligence Cases - An Ever-Growing Problem

Introduction

Private medical treatment, GPs, self-employed clinicians working within the NHS, the NHS waiting list initiative…..litigation arising out of treatment provided in these contexts (amongst others) are scenarios that we are facing more and more in the field of clinical negligence litigation.

In these cases it is essential to properly identify the defendant (or as if often the case, defendants) at the earliest possible opportunity, to avoid problems later on.

This virtual classroom seminar will look at a number of different scenarios and provide practical advice on how to approach cases on which your opponent is not necessarily immediately identifiable. The consequences of getting this wrong can be fatal for a case, the worst case scenario being that the claimant cannot pursue their claim in clinical negligence and the solicitor finds themselves on the end of a professional negligence action.

As the NHS contracts out more and more patient care, and more patients seek help within the private sector, this is only going to become even more problematic, so it is essential to get it right early on.

What You Will Learn

This live and interactive session will cover the following:

• Who are the potential defendants and how do you identify them?
• Advice on getting the most out of your client, and the records, to assist with identifying potential defendants
• The Clinical Negligence Scheme for GPs - what this means in practice and how suing a GP defendant has changed
• What to do if you cannot locate a defendant
• What to do if you identify a new defendant, or the identity of an existing defendant shifts (e.g. you become aware of a company they work under) close to the limitation date (and after!)
• How to ensure you are protected as far as you can possibly be against professional negligence claims arising in these circumstances
• Limitation Act 1980 defences arising
• Procedural advice - what to include in the Claim Form, where to serve proceedings

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.