Medical Litigation in 2012
|
|
- Mariah Bryan
- 8 years ago
- Views:
Transcription
1 Medical Litigation in 2012 Jacob Tse Partner Mayer Brown JSM 8 May 2012
2 Medical Litigation All kinds of litigation relating to medico-legal matters Legal action for medical negligence
3 Time limit for bringing a legal action for medical negligence Limitation period - A period of time within which a medical negligence action must be brought, otherwise it will be barred Up to 3 years from the occurrence of the medical mishap
4 3-year limitation period - 2 qualifications A minor (person below 18) Newborn baby : Limitation period is = 21 years Adult without mental capacity Limitation period will never start to run if mental capacity never regained, until death
5 Implications of the limitation period on preservation of evidence and professional indemnity Preservation of evidence - Documents and evidence in the form of witness statements Professional indemnity - Need to cover legal actions brought many years after the medical mishaps
6 A medical negligence claim Investigation - Ascertain the merits of a medical negligence claim Expert opinion essential The Bolem test : Standard of the ordinarily skilled doctor or specialist exercising reasonable care Without expert support of the claim, legal action will be struck out by the Court
7 Compensation for medical negligence Compensation is for actual loss Little scope for the multi-million dollar award for "punitive damages" found in some states in USA
8 Special Court Protocol for medical negligence actions Avoiding litigation Active case management
9 Pre-action procedure Letter of claim Constructive reply Explore settlement Mutual exchange of information and documents
10 Litigation begins Issue of a Writ Which Court District Court : Claim does not exceed HK$1 million High Court : Claim exceeds HK$1 million
11 Active case management Check List Review hearing appointed upon issue of Writ 5-6 months after the date of the Writ
12 Statement of Claim and other documents Statement of Claim Facts of the medical management Medical negligence Injuries and loss Statement of Damages Medical report(s) on the Plaintiff's condition Expert report as to liability and causation
13 Defence and other documents Defence - Defendant's specific and detailed response to the contents of the Plaintiff's Statement of Claim Expert report as to liability and causation, if available and practicable to serve it
14 Reply Not compulsory Only if the Plaintiff wants to respond specifically to some allegations in the Defence
15 Pleadings Pleadings - Statement of Claim, Defence, and Reply A pleading must be verified by a statement of truth False statement of truth - Contempt of Court
16 Discovery of documents Mutual disclosure of relevant documents in each party's possession, custody or power Even an adverse document, if relevant, must be disclosed Relevant documents subject to legal professional privilege need not be produced
17 Mediation After commencement of a medical negligence action, filing of Mediation Certificates by the parties Mediation is effectively compulsory Constitutionality? Mediation serves a useful purpose Completion of mediation before legal action proceeds
18 Litigation continues - The Check List Review hearing Court reviews progress of the case Court gives directions for case to progress further expeditiously Witness statements Expert reports
19 Evidence Factual evidence Expert evidence
20 Witness statements Factual evidence Documentary evidence Oral evidence Oral evidence No ambush Exchange of witness statements
21 Expert reports Whether medical negligence - Liability experts Plaintiff's condition and prognosis - Quantum experts Exchange of reports of liability experts Report of joint quantum expert or joint report of the parties' quantum experts Limit the number of experts
22 Timetable for witness statements and expert reports Timetable for exchange of witness statements and reports of liability experts Timetable for production of the report of joint quantum expert or joint report of the parties' quantum experts Time consuming process, but stringent timetable
23 Plaintiff must agree to reasonable examination by quantum expert The Court may suspend or even dismiss the legal action if the Plaintiff refuses reasonable examination by quantum expert Rarely happens now
24 Can a party change his liability expert? Expert shopping should be prevented Change not allowed if reason for change is that opinion of new expert more favourable Change may be allowed Matters not dealt with by original expert but by new expert Matters outside expertise of original expert Original expert cannot continue through illness or other incapacity But weigh against other circumstances eg disruption to the Trial and prejudice to the other party
25 Further Check List Review hearings One or two further Check List Review hearings Defendant to file Answer to Plaintiff's Statement of Damages
26 Pre-Trial Review Hearing to review if case ready for trial If ready, case goes to a Trial
27 Settlement Parties can still try to settle Sanctioned offer or payment into court
28 The Trial Single judge, no jury Plaintiff's case Counsel for Plaintiff explains Plaintiff's allegations and evidence Factual witnesses and experts give evidence Defendant's case Counsel for Defendant explains defence and evidence Factual witnesses and experts give evidence
29 Examination of factual witnesses and experts Examination-in-chief Cross-examination Re-examination Evidence given In person By video link
30 Modified sequence at the Trial All Plaintiff's factual witnesses All Defendant's factual witnesses All Plaintiff's experts All Defendant's experts
31 Final Submissions Defendant's final submission Plaintiff's final submission Written final submissions Judgment reserved
32 Judgment of the Court Decision of the Court on relevant issues Reasons for coming to the decision
33 Appeals Court of Appeal Court of Final Appeal "Appeal on the record" - no witness or expert
34 Publicity Commencement of the legal action Check List Review hearing Pre-Trial Review Trial Appeals Anonymity Order
35 How much compensation can a patient get for medical negligence? Compensation for pain, suffering and loss of amenities (PSLA) Loss of earnings Cost of care
36 PSLA Compensation for injury Maximum about HK$2.5 million Quadriplegia Vegetative state
37 Loss of earnings Depends on Earnings lost How long the loss will last Example Young person Pre-injury earnings of HK$1 million per year after tax Cannot work for rest of life HK$1 million x 20 = HK$20 million
38 The cost of care Depends on Amount reasonably needed for care How long care needed Yearly amount x a number of years
39 What is the record compensation for medical negligence in Hong Kong? No published statistics Generally thought not exceeding HK$100 million
40 How long is a medical negligence action from beginning to conclusion? Average complexity - 2 years from Writ to Trial Appeal to Court of Appeal - Another year Appeal to Court of Final Appeal - A further year
41 How frequent is a medical negligence action? Claim for medical negligence not infrequent Less frequent for claim to result in Writ being issued Even if Writ issued, few medical negligence actions go to a Trial Current practice Defence evaluates merits of claim early Settles claim if claim indefensible
42 How to avoid medical negligence actions? One thing that has always given rise to claims or even legal actions Warning of the risks and potential complications of a proposed medical procedure
GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS
EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:
More informationA Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients
A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients by: Jennifer Loeb Clark Wilson LLP tel. 604.891.7766 jrl@cwilson.com Edited by: Larry Munn Clark Wilson LLP
More informationAdvice Note. An overview of civil proceedings in England. Introduction
Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.
More informationMPS-HKMA Medical Experts Training Course in Hong Kong 2015 (draft as @14.7.15)
MPS-HKMA Medical Experts Training Course in Hong Kong 2015 (draft as @14.7.15) Date: Saturday 29 and Sunday 30 August 2015 Time: Venue: 13:00 18:15 (Saturday); 13:00 18:00 (Sunday) Hong Kong Medical Association
More informationClinical Negligence: A guide to making a claim
: A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process
More informationClinical Negligence. Issue of proceedings through to Trial
Clinical Negligence Issue of proceedings through to Trial Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 1 April
More informationHow To Settle A Car Accident In The Uk
PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation
More information1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC )
Title Preparations for Personal Injury trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued
More information1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre-Action Conduct ( PD-PAC )
Title Preparations for Personal Injury Trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued
More informationThe Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE
Responses submitted by: Name: Roddy Bourke Law Firm/Company: McCann FitzGerald Location: Dublin, Ireland 1. Would your jurisdiction be described as a common law or civil code jurisdiction? The Republic
More informationPRE-ACTION PROTOCOL. Re: Road Traffic Accidents and Personal Injury Claims. 1.1. The aims of the pre-action protocols are:
1 PRE-ACTION PROTOCOL Re: Road Traffic Accidents and Personal Injury Claims 1. GENERAL 1.1. The aims of the pre-action protocols are: (a) (b) (c) to foster more pre-action contact between the parties,
More informationInformation sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims
Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims You have received this information sheet as it is likely that your claim will proceed
More informationNEW PRACTICE DIRECTION ON NON-INJURY MOTOR ACCIDENT CLAIMS
NEW PRACTICE DIRECTION ON NON-INJURY MOTOR ACCIDENT CLAIMS From 1 January 2002, all non-injury motor accident claims must comply with the Practice Direction 2 of 2001. The new Practice Direction applies
More informationWCAT WCAT. Legal Action Guide. Section 257 Certificate. Workers Compensation Appeal Tribunal. Workers Compensation Appeal Tribunal
WCAT Workers Compensation Appeal Tribunal Section 257 Certificate WCAT Workers Compensation Appeal Tribunal This (Section 257 Certificate) answers questions you may have as a defendant or plaintiff/claimant
More informationCIVIL LITIGATION ASSISTANCE SCHEME CONDITIONS OF ASSISTANCE
APPLICATION CIVIL LITIGATION ASSISTANCE SCHEME CONDITIONS OF ASSISTANCE 1. Applications for funding under the Civil Litigation Assistance Scheme can only be submitted through a private legal practitioner
More informationFrequently asked. questions. Low Value Personal Injury Claims in Road Traffic Accidents. Stage 2. Medical Reports
Frequently asked questions Low Value Personal Injury Claims in Road Traffic Accidents Stage 2 Medical Reports Q35. Can insurers question the medical report? A35. The defendant/insurer cannot question the
More informationWhat is taxation of costs?
This leaflet is designed to provide you with a brief outline of the practice and procedure of the High Court and the District Court on taxation of costs in civil proceedings. You should read Order 62 of
More informationSteve Mason, Legal Services and Governance Lead. Ratified and Approved CCG Governing Body on 10 October 2013 by:
Title: Claims Management Policy Reference No: Owner: Author: Steve Mason, Legal Services and Governance Lead First Issued On: Latest Issue Date: Operational Date: Review Date: Consultation Date: Policy
More informationPersonal Injury Compensation Guide
Personal Injury Compensation Guide 2015 Personal Injury Compensation Claim Guide David J. Synnott This booklet has been produced by Synnott Lawline Solicitors to give our clients an understanding of the
More informationIN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND PROTOCOL FOR CLINICAL NEGLIGENCE LITIGATION
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND PROTOCOL FOR CLINICAL NEGLIGENCE LITIGATION 1. Practitioners are reminded of the need to bear in mind the overriding objective set out at Order 1 rule 1(a)
More informationDispute Resolution At A Glance Guide 2. The English Civil Procedure Rules The Woolf Reforms
Dispute Resolution At A Glance Guide 2 The English Civil Procedure Rules The Woolf Reforms The English Civil Procedure Rules Contents Section: Page No. 1. Introduction 2 2. Summary 3 3. Civil Procedure
More informationGuide to dispute resolution
Guide to dispute resolution Contents Introduction Terminology The aim of this guide Funding Our charges Estimates Expenses Conditional fee arrangements Contingency fee arrangements Insurance Steps prior
More informationASSEMBLY BILL No. 597
AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and
More informationHow To Make A Claim In The Uk
PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation
More informationMOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS. By Andrew Mckie (Barrister at Law) Clerksroom March 2012
MOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS Introduction By Andrew Mckie (Barrister at Law) Clerksroom March 2012 Telephone 0845 083 3000 or go to www.clerksroom.com The protocol for Low Value
More informationLevy & McRae CLAIMS IN SCOTLAND
Levy & McRae CLAIMS IN SCOTLAND Contents 3 Introduction 4 Voluntary Pre-action Protocol 6 Raising a Court Action 7 Sheriff Court 9 Court of Session 10 Time Bar 11 Hearings 12 Expenses 2 Introduction Credible,
More informationInformation. Considering a clinical negligence claim. What gives rise to a clinical negligence claim? What about the issue of causation?
Information You are asking advice from Thomson Snell & Passmore about a possible clinical negligence claim. Such claims are complex and it would greatly assist your understanding of the issues if you read
More informationAvant welcomes the opportunity to provide input into the Productivity Commission s draft report on Access to Justice Arrangements.
21 May 2014 Access to Justice Productivity Commission GPO Box 1428 Canberra City ACT 2601 Access to Justice Arrangements Draft Report Avant welcomes the opportunity to provide input into the Productivity
More informationMODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook
MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook Introductory note. These are the Model Directions for use in the first Case Management Conference in clinical
More informationCOMMITTEE ON COURT PRACTICE AND PROCEDURE REVIEW OF PRACTICE AND PROCEDURE IN RELATION TO PERSONAL INJURIES LITIGATION
COMMITTEE ON COURT PRACTICE AND PROCEDURE REVIEW OF PRACTICE AND PROCEDURE IN RELATION TO PERSONAL INJURIES LITIGATION THE SUBMISSIONS OF THE ASSOCIATION OF PERSONAL INJURY LAWYERS FEBRUARY 2003 The executive
More informationNumber 31 of 2004 ARRANGEMENT OF SECTIONS. Preliminary and General
Number 31 of 2004 CIVIL LIABILITY AND COURTS ACT 2004 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title and commencement. 2. Interpretation. 3. Orders and regulations. 4. Service
More informationGuidance for the instruction of experts in civil claims
Guidance for the instruction of experts in civil claims Introduction 1. The purpose of this guidance is to assist litigants, those instructing experts and experts to understand best practice in complying
More informationClinical Indemnity Scheme. St James s Hospital. Reasons for Clinical Indemnity. Scheme. Exclusions: - C.I.S Cover C. Inclusions:- CIS Cover
Clinical Indemnity Scheme St James s Hospital 25 January 2011 Catherine Tarrant Solicitor/Clinical Claims Manager Clinical Indemnity Scheme Specialist Division of State Claims Agency Aims (1) Management
More informationMedical Malpractice Reform
Medical Malpractice Reform 49 This Act to contains a clause wherein the state legislature asks the state Supreme Court to require a plaintiff filing a medical liability claim to include a certificate of
More informationTEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance
TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance In return for the payment of the Premium specified in the Schedule and based on any Information that
More informationSchedule of Forms SCHEDULE OF FORMS 3. Nil
Queen s Bench Forms SCHEDULE OF FORMS 3 Schedule of Forms FORMS FOR PART 1 [Foundational Rules] Form R Nil rule No. Form No. Source FORMS FOR PART 2 [Parties to Litigation] Form R rule No. Form No. Source
More informationIN THE COURT OF QUEEN S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON TANYA LABONTE, JESSE STECHYNSKY AND RHONDA MCPHEE. - and
IN THE COURT OF QUEEN S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON Action No. 0403-12898 B E T W E E N : TANYA LABONTE, JESSE STECHYNSKY AND RHONDA MCPHEE Plaintiffs - and HER MAJESTY THE QUEEN IN
More informationEffective Use of Experts. Litigating the Medical Malpractice Claim Ontario Bar Association
Introduction Effective Use of Experts By: Peter Kryworuk & Tyler Kaczmarczyk Lerners LLP Litigating the Medical Malpractice Claim Ontario Bar Association April 29, 2013 The importance of expert opinion
More informationIN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND [Court Division] [Title of Case] Directions given by [Name of the Master] On [Date]
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND [Court Division] [Title of Case] Directions given by [Name of the Master] On [Date] WHEREAS this action is listed today for review before the Master, NOW
More informationModel Order clinical negligence duty-causation-quantum outside RCJ
Warning: you must comply with the terms imposed upon you by this order otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal
More informationCivil Suits: The Process
Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized
More informationKey Lawsuit Reforms & Their Impact
Key Lawsuit Reforms & Their Impact December, 2014 Mike Seney, S.V.P Policy Analysis & Strategic Planning (mseney@okstatechamber.com) Fast Facts Twenty-six major lawsuit reforms from 2009 2014: Most of
More informationThe Lifecycle of a Personal Injury Claim. By Andrew Mckie (Barrister at Law) Clerksroom July 2012. Telephone 0845 083 3000 or go to www.clerksroom.
1 1. Introduction The Lifecycle of a Personal Injury Claim By Andrew Mckie (Barrister at Law) Clerksroom July 2012 The aim of the presentation is to look at the basic steps from the taking instructions
More informationIN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE PRACTICE DIRECTIONS AMENDMENT NO 4 OF 2012
IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE PRACTICE DIRECTIONS AMENDMENT NO 4 OF 2012 It is hereby notified for general information that, with effect from 22 November 2012, the existing Appendix
More informationContents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Pre-action Conduct of Litigation
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: General Principles 1.1 Introduction 1.1.1 Overview of civil litigation process 1.2 Introduction to the civil courts 1.2.1
More informationContents Introduction to the Text Essential Qualities of Medical Experts Legal Context of a Civil Claim for Damages for Personal Injury
Contents Authors Acknowledgements Contents Foreword i Authors Note iii Picture of Kuthodaw Pagoda, Mandalay, Burma iii Introduction to the Text v 1 Essential Qualities of Medical Experts 1 1.1 Medico-Legal
More informationFamily Law Client Information Package
Family Law Client Information Package The end of a relationship can be very difficult. In addition to the obvious emotional issues, couples are often faced with challenging financial and legal problems.
More informationMedical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500
www.personalinjury.ffw.com Freephone 0800 358 3848 www.personalinjury.ffw.com Freephone 0800 358 3848 Medical Negligence A client s guide head and shoulders above the rest in terms of skills, experience
More informationMedical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500
www.ffw.com/personalinjury Freephone 0800 358 3848 www.ffw.com/personalinjury Freephone 0800 358 3848 Medical Negligence A guide for clients The team provides a first class service at all levels of experience.
More informationMOTOR VEHICLE ACCIDENT CLAIMS ACT
Province of Alberta MOTOR VEHICLE ACCIDENT CLAIMS ACT Revised Statutes of Alberta 2000 Chapter M-22 Current as of April 1, 2015 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s
More informationaccounting, s. 122 addition, deletion, substitution of parties, 26.02 failure to serve affidavit of documents,
All references in this Index are to the Rules of Civil Procedure and Forms, unless preceded by s. which indicates sections of the Courts of Justice Act. indicates sections of the text. ABANDONMENT. See
More informationNorway Advokatfirmaet Grette
This text first appeared in the IAM magazine supplement Patents in Europe 2008 April 2008 Norway By Amund Brede Svendsen and Svein Ruud Johansen, Advokatfirmaet Grette, Oslo 1. What options are open to
More informationASSEMBLY BILL No. 597
california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with
More informationPRACTICE DIRECTION NUMBER 11 OF 2012 SUPREME COURT OF QUEENSLAND SUPERVISED CASE LIST
PRACTICE DIRECTION NUMBER 11 OF 2012 SUPREME COURT OF QUEENSLAND SUPERVISED CASE LIST 1. Practice Direction No 6 of 2000 is hereby repealed. 2. This Practice Direction is intended to (a) provide some explanation
More informationThe new Practice Directions and amendments to the existing Practice Directions, and the new Pre-Action Protocols come into force as follows
65 th UPDATE PRACTICE DIRECTION AMENDMENTS The new Practice Directions and the amendments to the existing Practice Directions supplementing the Civil Procedure Rules 1998 are made by the Master of the
More informationSUBMISSION OF THE MEDICO-LEGAL SOCIETY OF TORONTO TO THE HONOURABLE COULTER OSBORNE, QC CIVIL JUSTICE REFORM
SUBMISSION OF THE MEDICO-LEGAL SOCIETY OF TORONTO TO THE HONOURABLE COULTER OSBORNE, QC CIVIL JUSTICE REFORM The Medico-Legal Society of Toronto (MLST) is a voluntary association of doctors and lawyers.
More informationPRACTICE DIRECTION NO. 1 OF 2015 IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND QUEENS BENCH DIVISION (COMMERCIAL) EXPERT EVIDENCE
PRACTICE DIRECTION NO. 1 OF 2015 Introduction IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND QUEENS BENCH DIVISION (COMMERCIAL) EXPERT EVIDENCE 1. This Practice Direction applies to all proceedings in
More informationConditional Fee Agreement (CFA)
Conditional Fee Agreement (CFA) This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully. This agreement must be read in conjunction
More informationPERSONAL INJURY CLAIMS
PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants
More informationASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators
ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators INTRODUCTION Standards of occupational competence Standards of occupational competence are widely used in many fields
More informationPERSONAL INJURIES PROCEEDINGS BILL 2002
1 PERSONAL INJURIES PROCEEDINGS BILL 2002 EXPLANATORY NOTES General Outline Purpose of legislation The main purpose of this Act is to facilitate the ongoing affordability of insurance through appropriate
More informationAnatomy of a Medical Malpractice Case
Anatomy of a Medical Malpractice Case You have an important story to tell Let our voice tell your story with power, clarity and effectiveness Our Litigation Team Why choose our team? We provide more than
More informationSMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings.
SMALL CLAIMS RULES Rule 501. Scope and Purpose (a) How Known and Cited. These rules for the small claims division for the county court are additions to C.R.C.P. and shall be known and cited as the Colorado
More informationMAKING A PERSONAL INJURIES CLAIM*
MAKING A PERSONAL INJURIES CLAIM* GETTING STARTED DO I HAVE A CASE? The first step is to contact one of our experienced personal injuries solicitors and arrange a no obligation consultation. At the initial
More informationPRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1
More informationDependant Support Claim Against an Estate. 1. Review the legislation and case law and identify relevant information and documentation
Dependant Support Claim Against an Estate 1. Review the legislation and case law and identify relevant information and documentation Review Part V of the Succession Law Reform Act (the "SLRA"), titled
More informationA brief guide to professional negligence claims
A brief guide to professional negligence claims Contents Introduction Do I have a claim? Important considerations Pre-action protocol procedure Court proceedings Contact information Introduction Claims
More informationINDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection
As amended by P.L.79-2007. INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection IC 5-11-5.5-1 Definitions Sec. 1. The following definitions
More informationCivil Liability and Courts Act 2004 Dillon Eustace
Civil Liability and Courts Act 2004 Dillon Eustace Table of Contents Page 1. The Statute of Limitations 1 2. The Letter of Claim 1 3. Personal Injury Summons 2 4. The Defence 2 5. Verifying Affidavits
More informationPRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph
More informationPreamble HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL 05/04/2013
HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Colin Richmond 11/04/2013 www.zenithchambers.co.uk
More informationCALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656
CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any
More informationA CLIENT GUIDE TO CLAIMING DAMAGES FOR CLINICAL NEGLIGENCE
A CLIENT GUIDE TO CLAIMING DAMAGES FOR CLINICAL NEGLIGENCE 1. INTRODUCTION Making a claim for damages (compensation) for clinical negligence can be a worrying and stressful experience. We recognise that
More informationPolicy and Procedure for Claims Management
Policy and Procedure for Claims Management RESPONSIBLE DIRECTOR: COMMUNICATIONS, PUBLIC ENGAGEMENT AND HUMAN RESOURCES EFFECTIVE FROM: 08/07/10 REVIEW DATE: 01/04/11 To be read in conjunction with: Complaints
More informationFactsheet 01: Civil Litigation and the Expert Witness
Factsheet 01: Civil Litigation and the Expert Witness Last reviewed: April 2015 In all developed systems of law the evidence of expert witnesses can be crucial to the outcome of a dispute. Nowhere is this
More informationCALIFORNIA TORT FORMS FROM EXPERT LITIGATORS (1st Edition) July 2015 TABLE OF CONTENTS
CALIFORNIA TORT FORMS FROM EXPERT LITIGATORS (1st Edition) July 2015 TABLE OF CONTENTS File Name Book Section Title CH01 Chapter 1 Animals 01-006 1.6 Sample Client Authorization to Release Medical 01-007
More informationAN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To amend the District of Columbia Procurement Practices Act of 1985 to make the District s false claims act consistent with federal law and thereby qualify
More informationConditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only].
Disclaimer This model agreement is not a precedent for use with all clients and it will need to be adapted/modified depending on the individual clients circumstances and solicitors business models. In
More informationIN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS PART FIVE - LAW DIVISION AMENDED COURT RULES
IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS PART FIVE - LAW DIVISION AMENDED COURT RULES RULE 1. MEDIATION IN MALPRACTICE CASES In order to alleviate the burden to the parties
More informationSUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG
LC Paper No. CB(2)517/05-06(01) SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG 1. This is a submission of the Recovery
More informationYour Guide to Pursuing a Personal Injury Claim
Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose
More informationPRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 Title Number I INTRODUCTION Definitions Para 1.1 Preamble Para 2.1 Aims Para 3.1 Scope Para 4.1 II GENERAL
More informationHP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act
PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the
More informationDEFENSE RESEARCH INSTITUTE RECOMMENDED CASE HANDLING GUIDELINES FOR INSURERS
DEFENSE RESEARCH INSTITUTE RECOMMENDED CASE HANDLING GUIDELINES FOR INSURERS I. PREFACE Philosophy [Insurer] expects to work with the Firm and the insured to achieve the best result for the insured in
More informationIN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1682. Pretrial Conferences; Scheduling; Management.
IN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1682 Amending Civil Rules 16, 26, 33, 34, 37, and 45 concerning Discovery of Electronic Information IT IS ORDERED: 1. Civil Rule 16 is amended to read
More informationIOSH Midland North District
IOSH Midland North District 26 th February 2015 The Civil Case Housekeeping Fire Safety please follow signs exit via stairwell and front door. Assembly point on car park. Toilets located on each landing.
More informationExecutive summary and overview of the national report for Denmark
Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,
More informationMedical Negligence. A client s guide
Medical Negligence A client s guide What is medical negligence? This note is intended to give you a broad outline about medical negligence (sometimes called clinical negligence) cases. It is not a substitute
More informationClinical Negligence: A guide to making a claim
: 3 At Kingsley Napley, the first thing we do is listen to your account of the events or treatment that caused your injury. We will then advise you on what we think is the best course of action for your
More informationA Bill Regular Session, 2015 SENATE BILL 830
Stricken language would be deleted from and underlined language would be added to present law. State of Arkansas 90th General Assembly A Bill Regular Session, 2015 SENATE BILL 830 By: Senator D. Sanders
More informationJulie Belt v Basildon & Thurock NHS Trust [2004] ADR L.R. 02/27
JUDGMENT : MRS JUSTICE COX: QBD. 27th February 2004 1. The appellant, Julie Belt (hereafter referred to as the claimant ), appeals from the order of His Honour Judge Yelton dated 30 October 2003, setting
More informationPRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph
More informationQueensland PERSONAL INJURIES PROCEEDINGS ACT 2002
Queensland PERSONAL INJURIES PROCEEDINGS ACT 2002 Act No. 24 of 2002 Queensland PERSONAL INJURIES PROCEEDINGS ACT 2002 TABLE OF PROVISIONS Section Page CHAPTER 1 PRELIMINARY PART 1 INTRODUCTION 1 Short
More informationSTRUCTURED SETTLEMENTS
STRUCTURED SETTLEMENTS NORTH CAROLINA TRIAL JUDGES BENCH BOOK, SUPERIOR COURT, VOL. 2 (Civil), Structured Settlements, at pp. 4-7 (3d ed.) (Institute of Government 1999) A. THE APPROVAL HEARING 1. Plaintiff
More informationThe False Claims Act: A Primer
The False Claims Act: A Primer The False Claims Act (FCA), 31 U.S.C. 3729-3733 was enacted in 1863 by a Congress concerned that suppliers of goods to the Union Army during the Civil War were defrauding
More informationIN THE HIGH COURT OF FIJI AT SUVA CIVIL JURISDICTION. Civil Action No. HBC 97 OF 2009 BETWEEN : AND:
IN THE HIGH COURT OF FIJI AT SUVA CIVIL JURISDICTION Civil Action No. HBC 97 OF 2009 BETWEEN : MATAIASI DRODROLAGI of Qauia Settlement, Lami, Welder as the husband and administrator in the Estate of LITIANA
More informationClinical negligence. Grounds
Clinical negligence Clinical negligence occurs when the care or treatment the Claimant received from a health service provider was below the standard that is expected. This test was established in the
More informationINFORMATION GATHERING EXERCISE QUESTIONNAIRE
ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil
More informationHB 2845. Introduced by Representative Patterson AN ACT
REFERENCE TITLE: state false claims actions State of Arizona House of Representatives Fiftieth Legislature Second Regular Session HB Introduced by Representative Patterson AN ACT AMENDING TITLE, ARIZONA
More informationWORKERS' COMPENSATION APPEALS GUIDE INDUSTRIAL COURT OF QUEENSLAND AND QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
WORKERS' COMPENSATION APPEALS GUIDE INDUSTRIAL COURT OF QUEENSLAND AND QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Table of Contents 1. Purpose... 2 2. Definitions... 2 3. What is an Appeal?... 2 3.1 What
More information