We act for a Consultant Cosmetic Surgeon who specializes in breast augmentation and abdominoplasty defending claims made against him for clinical negligence.
With cosmetic surgery becoming extremely popular and more affordable claims arising out of these procedures are increasing dramatically. Many claims are made due to unrealistic expectations of the achievable results of the procedures and are successfully defended.
There is a Protocol for the Resolution of Clinical Negligence cases that parties are encouraged to follow prior to any proceedings being issued. If a party refuses to follow the protocol, penalties can be imposed by the court usually by way of a costs order or a reduction in costs.
The protocol is intended to cover claims made against hospitals, GP’s, dentists and other healthcare providers and the ethos of the protocol is for parties to have sufficient information and understanding of the others perspective and claim and to encourage an early resolution or the parties to narrow the issues.
The letter of claim should include a summary of the facts giving rise of the claim, give details of the injuries and any prognosis, give details of the losses being claimed, confirm how the claims is being funded and whether expert evidence has been obtained and who from. The letter of claim should be acknowledged within 14 days. You then have 4 months in which to respond.
The letter of response should include any admissions or denials, comment on the allegations of negligence that have been made, give details of any expert evidence obtained and who from, confirm how the claims is being funded and request copies of the GP records. These records should be produced within 40 days of the date of request.
Parties will be entitled to obtain their own expert evidence dealing with the issues that have been raised.
Parties are encouraged to try and resolve matters or at the very least narrow the issues between them before proceedings are issued.
We have access to specialist experts who can assist with clinical negligence cases along with leading Counsel
Summerfield Browne have offices in Leicester, Birmingham, London, Oxford, Cambridge and Market Harborough.
