Data Law Limited
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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
- 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
- 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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