Pre-Action Protocol for Medical Negligence Claims
When patients are unable to resolve problems arising from their treatment directly with their healthcare provider, the Pre-Action Protocol (PAP) for medical negligence claims provides a framework for solicitors to investigate your case in an open and timely manner. In this article, we will provide an overview of the Pre-Action Protocol, how it benefits the claims process and facilitates fast results by settling matters outside the Court system.
What Is the Pre-Action Protocol?
The Pre-Action Protocol for the Resolution of Clinical Disputes was first introduced in April 1999, following recommendations from the Clinical Disputes Forum, which was formed two years prior. The protocol intended to allow patients and their families the opportunity to have their concerns addressed in a timely manner, while fostering an atmosphere of openness between legal representatives and healthcare providers. By sharing information early in the process, the hope was that fewer cases would need to resort to legal action, while restoring the relationship between healthcare providers and their patients.
In addition to establishing a clear timeline of events, the Pre-Action Protocol for clinical negligence sets out a “Code of Good Practice” for all parties to follow where disputes arise. Furthermore, should any party fail to comply with the protocol and the case be taken to court, their disobedience would be taken into account when calculating the amount of compensation for the claim.
How Does the Pre-Action Protocol Work in Medical Negligence Cases?
While many medical negligence claims follow an unsatisfactory result to writing letters of complaint directly to the responsible healthcare provider is not a necessary step in the Pre-Action Protocol. If you or a loved one has experienced negligence at any point in your medical treatment, please contact our team of specialist solicitors as soon as possible so that we can start assembling your case.
After your initial consultation, your appointed solicitor will conduct your medical negligence claim in adherence with the Pre-Action Protocol by taking the following steps:
1. Obtaining Medical Records
For your solicitor to determine the viability of your case, they first need to obtain a copy of your medical records. This enables them to prepare a chronology of the events as they occurred and get a clearer picture of the circumstances that contributed to the potential clinical negligence. Under the Pre-Action Protocol and GDPR legislation, your healthcare provider must supply a copy of your medical records within one month of your request; otherwise, your solicitor can apply to the Court for them to be provided, although this is rare.
To establish whether your healthcare provider breached their duty of care, your solicitor will, most likely, obtain a report from an independent medical expert for them to comment on the standard of care provided. If this report is supportive of a potential clinical negligence claim, then we proceed to the next step.
2. Submitting Letter of Notification
Once your solicitor is confident that you have a medical negligence case, they will send a Letter of Notification to your healthcare provider to inform them that a case has been identified, and a Letter of Claim will be issued in due course.
This initial letter was added to the Pre-Action Protocol for medical negligence to allow the healthcare provider time to consider the claim as early as possible, providing an opportunity to gather relevant information and decide whether they would like to defend the case or offer a settlement.
3. Submitting Letter of Claim
While the Letter of Notification may be sent before all medical reports have been obtained and analysed, the Letter of Claim is put together once your solicitor has completed their initial investigation into your case.
The content of the Letter of Claim will vary from case to case, but it must outline the substandard care that has been identified and the injuries you have suffered as a result of the clinical negligence, in adherence with the Pre-Action Protocol. The letter should also give an idea as to the value of the claim, or set out what further steps are necessary to value the claim.
While your solicitor may put forward an early offer to settle in the Letter of Claim, they may decide to give your healthcare provider the opportunity to make an initial offer instead. If this is the case, more negotiations may follow in an attempt to agree on an early settlement figure.
4. Awaiting Letter of Response
Once your healthcare provider has received your Letter of Claim, the Pre-Action Protocol dictates that they must acknowledge your medical negligence claim within 14 days and provide a reasoned answer within 4 months. Unfortunately, this stage in the protocol can be unpredictable. Sometimes, the Pre-Action Protocol is successful in achieving an early resolution, but at other times, it is not, and court action will follow in any event. Every case is judged on its own merits.
If your healthcare provider does not deal with matters openly and honestly, then they may be liable to a fine of up to £2,500 under the legal Duty of Candour.
Submit Your Negligence Claim through Medical Solicitors
With over three decades of experience investigating and submitting medical negligence claims, our team has successfully navigated the Pre-Action Protocols on numerous occasions to win significant payouts for our clients. Whether your diagnosis was delayed, you received inadequate information about the risks associated with your surgery, or any of your medical treatment fell below the expected standard, you may be entitled to medical negligence compensation.
We appreciate the financial impact that suffering negligent treatment can have on patients and their families, which is why we offer ‘No Win, No Fee’ agreements for all our medical negligence investigations. For more information about this policy, or to discuss your case with a member of our team, please contact us today so that we can get you the compensation you deserve.
