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Basics of Clinical Negligence

Data Law Limited


£80 inc VAT
Or £26.67/mo. for 3 months...
Study method
Online, self-paced
2 hours
No formal qualification
Additional info
  • Tutor is available to students

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Clinical negligence is a complex are of law in which very few initial enquiries lead to a successful claim.

It is estimated that between 80% and 90% of claims do not get taken on by solicitors and of those that are pursued, about 40% are successfully defended. One of the key skills of clinical negligence practice is the ability to take full instructions from the client and thereby identify want the client wants to achieve and whether this is possible through the pursuit of clinical negligence action.

This course is aimed at solicitors considering moving into the field of clinical negligence or those who wish to refresh their expertise in this area. It will also be suitable for paralegals and legal executives who require a basic understanding of the principles upon which clinical negligence claims may be founded.

During this course experienced lecturer Alison Joyce will provide an overview of the principles of pursuing a clinical negligence claim and will consider the following topics:

  • Taking instructions
  • Consideration of funding arrangements
  • Establishing whether there is a duty of care
  • Making sure you have the correct Claimant and limitation periods
  • Breach of Duty
  • Causation
  • Establishing the correct defendant
  • Investigating the allegations and obtaining all relevant information Determining the correct expert
  • Quantum and the ‘but for’ test
  • Other remedies including complaints and the role of professional regulation


Learning Outcomes

  • On completion of this course you will: • Feel confident that you are asking the correct questions when taking instructions from the client • Understand the different funding arrangements available including legal aid, private funding, conditional fee agreements, damaged based agreements etc and be able to advise the client accordingly • Familiar with limitation periods and the issues which can arise • Be able to identify and establish negligence • Be able to accurately value the client’s claim • Be familiar with the sections of Pre Action Protocol for the Resolution of Clinical Disputes which relate to requesting disclosure

What is the target audience?

  • Clinical negligence practitioners

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What does study method mean?

Study method describes the format in which the course will be delivered. At courses are delivered in a number of ways, including online courses, where the course content can be accessed online remotely, and classroom courses, where courses are delivered in person at a classroom venue.

What are CPD hours/points?

CPD stands for Continuing Professional Development. If you work in certain professions or for certain companies, your employer may require you to complete a number of CPD hours or points, per year. You can find a range of CPD courses on, many of which can be completed online.

What is a ‘regulated qualification’?

A regulated qualification is delivered by a learning institution which is regulated by a government body. In England, the government body which regulates courses is Ofqual. Ofqual regulated qualifications sit on the Regulated Qualifications Framework (RQF), which can help students understand how different qualifications in different fields compare to each other. The framework also helps students to understand what qualifications they need to progress towards a higher learning goal, such as a university degree or equivalent higher education award.

What is an ‘endorsed’ course?

An endorsed course is a skills based course which has been checked over and approved by an independent awarding body. Endorsed courses are not regulated so do not result in a qualification - however, the student can usually purchase a certificate showing the awarding body’s logo if they wish. Certain awarding bodies - such as Quality Licence Scheme and TQUK - have developed endorsement schemes as a way to help students select the best skills based courses for them.