Medical Litigation in 2012

Size: px
Start display at page:

Download "Medical Litigation in 2012"

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

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 information

A 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 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 information

Advice Note. An overview of civil proceedings in England. Introduction

Advice 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 information

MPS-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) 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 information

Clinical Negligence: A guide to making a claim

Clinical 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 information

Clinical Negligence. Issue of proceedings through to Trial

Clinical 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 information

How To Settle A Car Accident In The Uk

How 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 information

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC )

1.1 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 information

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre-Action Conduct ( PD-PAC )

1.1 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 information

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE

The 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 information

PRE-ACTION PROTOCOL. Re: Road Traffic Accidents and Personal Injury Claims. 1.1. The aims of the pre-action protocols are:

PRE-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 information

Information 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 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 information

NEW PRACTICE DIRECTION ON NON-INJURY MOTOR ACCIDENT CLAIMS

NEW 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 information

WCAT WCAT. Legal Action Guide. Section 257 Certificate. Workers Compensation Appeal Tribunal. Workers Compensation Appeal Tribunal

WCAT 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 information

CIVIL LITIGATION ASSISTANCE SCHEME CONDITIONS OF ASSISTANCE

CIVIL 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 information

Frequently 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 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 information

What is taxation of costs?

What 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 information

Steve Mason, Legal Services and Governance Lead. Ratified and Approved CCG Governing Body on 10 October 2013 by:

Steve 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 information

Personal Injury Compensation Guide

Personal 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 information

IN 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 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 information

Dispute 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 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 information

Guide to dispute resolution

Guide 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 information

ASSEMBLY BILL No. 597

ASSEMBLY 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 information

How To Make A Claim In The Uk

How 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 information

MOJ 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. 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 information

Levy & McRae CLAIMS IN SCOTLAND

Levy & 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 information

Information. Considering a clinical negligence claim. What gives rise to a clinical negligence claim? What about the issue of causation?

Information. 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 information

Avant welcomes the opportunity to provide input into the Productivity Commission s draft report on Access to Justice Arrangements.

Avant 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 information

MODEL 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 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 information

COMMITTEE 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 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 information

Number 31 of 2004 ARRANGEMENT OF SECTIONS. Preliminary and General

Number 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 information

Guidance for the instruction of experts in civil claims

Guidance 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 information

Clinical 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. 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 information

Medical Malpractice Reform

Medical 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 information

TEMPLE 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 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 information

Schedule of Forms SCHEDULE OF FORMS 3. Nil

Schedule 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 information

IN 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 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 information

Effective Use of Experts. Litigating the Medical Malpractice Claim Ontario Bar Association

Effective 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 information

IN 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] 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 information

Model Order clinical negligence duty-causation-quantum outside RCJ

Model 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 information

Civil Suits: The Process

Civil 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 information

Key Lawsuit Reforms & Their Impact

Key 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 information

The Lifecycle of a Personal Injury Claim. By Andrew Mckie (Barrister at Law) Clerksroom July 2012. Telephone 0845 083 3000 or go to www.clerksroom.

The 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 information

IN 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 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 information

Contents. 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. 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 information

Contents Introduction to the Text Essential Qualities of Medical Experts Legal Context of a Civil Claim for Damages for Personal Injury

Contents 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 information

Family Law Client Information Package

Family 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 information

Medical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500

Medical 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 information

Medical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500

Medical 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 information

MOTOR VEHICLE ACCIDENT CLAIMS ACT

MOTOR 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 information

accounting, s. 122 addition, deletion, substitution of parties, 26.02 failure to serve affidavit of documents,

accounting, 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 information

Norway Advokatfirmaet Grette

Norway 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 information

ASSEMBLY BILL No. 597

ASSEMBLY 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 information

PRACTICE 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 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 information

The new Practice Directions and amendments to the existing Practice Directions, and the new Pre-Action Protocols come into force as follows

The 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 information

SUBMISSION 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 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 information

PRACTICE 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 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 information

Conditional Fee Agreement (CFA)

Conditional 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 information

PERSONAL INJURY CLAIMS

PERSONAL 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 information

ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Litigators

ASSOCIATION 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 information

PERSONAL INJURIES PROCEEDINGS BILL 2002

PERSONAL 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 information

Anatomy of a Medical Malpractice Case

Anatomy 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 information

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings.

SMALL 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 information

MAKING A PERSONAL INJURIES CLAIM*

MAKING 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 information

PRE-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 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 information

Dependant 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 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 information

A brief guide to professional negligence claims

A 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 information

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection

INDIANA 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 information

Civil Liability and Courts Act 2004 Dillon Eustace

Civil 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 information

PRE-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 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 information

Preamble HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL 05/04/2013

Preamble 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 information

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656

CALIFORNIA 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 information

A CLIENT GUIDE TO CLAIMING DAMAGES FOR CLINICAL NEGLIGENCE

A 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 information

Policy and Procedure for Claims Management

Policy 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 information

Factsheet 01: Civil Litigation and the Expert Witness

Factsheet 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 information

CALIFORNIA 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 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 information

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

AN 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 information

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only].

Conditional 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 information

IN 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 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 information

SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG

SUBMISSION 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 information

Your Guide to Pursuing a Personal Injury Claim

Your 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 information

PRE-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 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 information

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act

HP0868, 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 information

DEFENSE RESEARCH INSTITUTE RECOMMENDED CASE HANDLING GUIDELINES FOR INSURERS

DEFENSE 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 information

IN 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. 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 information

IOSH Midland North District

IOSH 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 information

Executive summary and overview of the national report for Denmark

Executive 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 information

Medical Negligence. A client s guide

Medical 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 information

Clinical Negligence: A guide to making a claim

Clinical 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 information

A Bill Regular Session, 2015 SENATE BILL 830

A 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 information

Julie Belt v Basildon & Thurock NHS Trust [2004] ADR L.R. 02/27

Julie 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 information

PRE-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 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 information

Queensland PERSONAL INJURIES PROCEEDINGS ACT 2002

Queensland 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 information

STRUCTURED SETTLEMENTS

STRUCTURED 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 information

The False Claims Act: A Primer

The 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 information

IN 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 : 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 information

Clinical negligence. Grounds

Clinical 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 information

INFORMATION GATHERING EXERCISE QUESTIONNAIRE

INFORMATION 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 information

HB 2845. Introduced by Representative Patterson AN ACT

HB 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 information

WORKERS' 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 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