Claims

Our guide for members about clinical negligence claims

MDDUS | Medical Advisory Guide - Protecting Patient
  • Date: 19 October 2022
This medical advisory guide provides advice on what to do should you find yourself in this position. It provides an overview of the legal claims process in each of the UK jurisdictions, from receipt of Letter of Notification/Letter of Claim all the way through to proof/trial and provides advice on what steps to take should you receive notification of a claim.

In England, Wales, Northern Ireland and Jersey the claims process is structured into the Pre-Action Protocol to facilitate early resolution of claims without the need to initiate court proceedings. The process begins with a Letter of Notification or Letter of Claim. alleging that there has been a breach of duty and confirming the Claimant/Plaintiff is intending to pursue a claim for damages. The Defendant then has the opportunity to investigate the allegations made and provide a Letter of Response.

In Scotland, Guernsey and the Isle of Man there is no compulsory Pre-Action Protocol, although it is still in the interests of all parties to explore and communicate about the claim at the pre-action stage with a view to avoiding the need for formal court proceedings.

Should a Claimant/Plaintiff/Pursuer wish to bring a claim under the court process, they must issue a claim at court and serve proceedings. Each jurisdiction has its own procedural rules setting out the deadlines and timetable that all parties must follow, up to and including the proof/trial.

The guides also signposts where you can get further help and support in dealing with a clinical negligence claim.

As a benefit of membership with MDDUS, the guide is free for you to download and refer back to whenever needed.   

This page was correct at the time of publication. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.

MDDUS map England

Claim Guide England

Our guide for our medical members who are practising in England.

Guernsey and Jersey | MDDUS

Claim Guide Guernsey

Our guide for our medical members who are practising in Guernsey.

MDDUS | map Isle of Man

Claim Guide Isle of Man

Our guide for our medical members who are practising in Isle of Man.

Guernsey and Jersey | MDDUS

Claim Guide Jersey

Our guide for our medical members who are practising in Jersey.

MDDUS | Scotland

Claim Guide Scotland

Our guide for our medical members who are practising in Scotland.

MDDUS | Northern Ireland

Claim Guide Northern Ireland

Our guide for our medical members who are practising in Northern Ireland.

MDDUS | Wales

Claim Guide Wales

Our guide for our medical members who are practising in Wales.

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