Medical Malpractice Case Studies 2012

Medical Malpractice Case Studies 2012-69
Following this, a documentary exchange takes place between both parties – this phase is called the Pleadings.The legal documents involved are prepared according to the rules of court.

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Large claims in particular are on the rise, with MPS seeing an increase of 250% in the number of reported claims valued at over R2.5 million over the past five years.

Because of this, we thought it useful to provide members with a step-by-step account of how a civil claim progresses – while also emphasising what you can do to assist MPS at each step, to ensure as swift and robust a response as possible.

If MPS is assisting you with the claim and a decision to settle is taken, we will contact the claimant’s legal team to agree on a settlement figure.

If the case is being defended, the Notice of Intention to Defend – the form for which is on the rear of the Summons – is completed and submitted to the claimant’s lawyer.

However, it is much better to have this criticism given to your defence team at this stage than have it played out in open court.

Your defence team will be better placed to prepare for the case if it has all the facts and potential vulnerabilities to hand.

Receiving a claim for clinical negligence is a daunting prospect; unfortunately for those working in medicine, it is also increasingly likely.

Gareth Gillespie takes you step-by-step through the process Although most doctors will avoid claims for clinical negligence during their careers, the possibility of receiving one remains.

There may also be a fee payable to you to cover any costs, and we can find out exactly what that is.

Disclosing medical records has been covered in more detail in the article “Disclosing patient records” (Vol 20 No 3, September 2012), but essentially any request for records from a solicitor needs the consent of the patient.


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