Clinical Negligence Procedure - Breach of Duty, Causation & Quantum

Introduction

Clinical negligence requires a clear understanding of the three pillars of the claim - breach of duty, causation, and quantum. Experts will be needed to assess whether there has been negligence and, if so, what its effects have been. A clinical negligence claim requires familiarity with procedure including the use of interlocutory hearings to achieve proper case and costs management. Since almost all such claims are resolved at settlement meetings, it is necessary to understand the ways in which such meetings can be arranged and how mediators can be involved to maximise the chance of success. Although trials are rare, we will consider the risks and possibilities of the trial process.

Attendance is recommended for those involved in high value, complex claims arising from clinical negligence.

What You Will Learn

This webinar will cover the following:

• The basis for clinical negligence claims and the essential legal principles
• Use of expert evidence to prove/refute breaches of duty allegations
• Expert evidence of dealing with causation
• The problem of material contribution
• The need for and use of factual evidence from claimant/patient and clinical staff
• Interlocutory work - case/costs management, interim payments and evidential issues
• An overview of the Schedule. Approaches to risk in cases where liability is disputed
• Setting up the JSM. Deciding when/whether to bring in a mediator
• Managing client expectations prior to settlement
• The JSM process and supporting the client after resolution of the case
• Preparing for trial and presenting the claim to the Judge

This pre-recorded webinar will be available to view from Tuesday 12th August 2025

Alternatively, you can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.