The claims process
To succeed in a claim alleging clinical negligence against a doctor, the patient (who becomes a claimant) must prove that the doctor did something wrong or failed to do something which they should have done – a Breach of Duty. If proved, the claimant must then be able to show that they have come to some harm as a result – Causation.
The onus is on the claimant to prove that the treatment has fallen below the standard of a reasonable body of doctors practising in the same field, and that harm has resulted.
The legal process
After disclosure of the records there could be months or even years when nothing seems to happen, while the claimant takes advice and decides whether to proceed.
If the claimant's solicitors send a Letter of Claim for an incident not covered by NHS indemnity, there will only be three months for the MDU to obtain your report, instruct appropriate experts and decide with you on a detailed response to the claim. If a legal process does start – when a claimant issues a claim form – then the court will impose a strict timetable, which both sides must adhere to.
You can find more detailed information about the legal process in our Advice Centre or in our publication Clinical Negligence – The Legal Process Explained, available free of charge to members.
