ABSTRACT

Clinical negligence is a term that is used to mean poor clinical practice of an unacceptable standard. The assessment may be made by the solicitor but frequently the opinion of an expert is sought at this stage to review the available information and to evaluate the merits of the case. In such circumstances the Court would take the view that the initial offer should have been accepted and it will impose a penalty when assessing legal costs at the conclusion of the case. The court will also explore the possibility of a stay of proceedings to give the parties the opportunity to see whether they can settle the case without recourse to court. Correspondence between a lawyer and his client need disclosed to the other side because it attracts legal privilege. Clinical negligence is a term that is used to mean poor clinical practice of an unacceptable standard.