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.