We understand that for many people the thought of commencing court proceedings can be daunting. This is our easy to follow guide to the medical negligence process once court action is started, and the steps that are involved as the case makes its way through the court system. It is written in conjunction with our article on the medical negligence process prior to issuing proceedings.
While many medical negligence claims are settled by negotiation at an early stage and without the involvement of the courts, it is sometimes necessary to commence formal court action. It is likely to be necessary, for instance, where the defendant denies liability, or where the parties cannot reach an agreement on the amount of compensation, or where there is a limitation issue. Ultimately, your medical negligence solicitor will advise you on when court proceedings should be commenced.
These are the initial steps involved in commencing court proceedings:
- A Claim Form is issued at the Court.
- The Claim Form is sent to the defendant within four months of it being issued at Court. Particulars of Claim and any supporting documentation will also be served. The Particulars of Claim will include the full background of your case, along with detailed allegations of the defendant’s wrongdoing.
- Once the proceedings have been served, the defendant must then send you a defence, outlining their position on the allegations and any additional evidence they wish to rely upon.
The next steps will involve preparing the case for trial. This may include obtaining additional expert evidence, exchanging witness statements, and seeking further medical or financial documentation.
The parties will often engage in ‘without prejudice’ communications with a view to reaching an out of court settlement. However, if a settlement cannot be agreed then ultimately the case will proceed to trial.
At trial, the court will usually be required to pass judgment on both ‘liability’ (whether the defendant is at fault) and ‘quantum’ (how much compensation you should receive). However, in some instances one of these issues might have already been agreed, in which case the judge will only concern themselves with the remaining issue in dispute.
Both parties legal representatives will present their case to the judge. After hearing the evidence the judge will make a decision about the case, and pass judgment.
If either party disagrees with the judgment, then they have the right to appeal, subject to certain legal conditions.
Our medical negligence team operates a popular free legal helpline and will be happy to provide you with further guidance on the medical negligence process once court action is started.
