What is the Pre-Action Protocol in Clinical Disputes?

The “Pre-Action Protocol for the Resolution of Clinical Disputes” sets out the rules and procedures that parties are expected to follow before issuing Court proceedings. It is to encourage early settlement without Court proceedings being necessary, and at minimum cost. One of the main features is that litigation should be avoided wherever possible. This is the theme at the heart of the pre-action protocol – parties should try to settle claims amicably and should only start Court proceedings as a last resort, if all attempts to reach an amicable settlement are exhausted.

Clinical disputes

Clinical disputes, most commonly negligence, is where an association or individual in the medical field has breached their duty of care which has then led to the harm of a patient, that could have been avoided.

The process of the protocol

For cases of clinical negligence, the protocol goes through stages of:

• Obtaining health records, where requests for the copies of the claimant’s clinical records are made and, these records should be provided within 40 days of the request.
• Rehabilitation, in which both sides evaluate whether needs could be met through rehabilitation treatments.
• Letter of Notification, this puts the other party on notice of a potential claim and the letter should be acknowledged by the defendant within 14 days.
• Letter of Claim, this must be sent as soon as practical.  Any letter of claim sent to an NHS trust must also be sent to the national health service litigation authority. The Letter of Claim should include a detailed summary and description of harm. 
• Letter of Response, the defendant should provide a reasoned answer in letter form within 4 months of the Letter of Claim, stating if or how far the claim is admitted, with supportive evidence if denied.

How Pinney Talfourd can help

Clinical negligence claims can be difficult for claimants to navigate. At Pinney Talfourd, we use the protocol to ensure Claimants to have an opportunity to settle early and amicably before lengthy Court proceedings are needed. Court proceedings are only ever issued as a last resort.

For more information or assistance with a clinical negligence claim, contact our team at 01708 511 000.