Live virtual training
Overview
This course provides a comprehensive introduction to clinical negligence, designed to equip participants with a clear understanding of the legal principles, procedural framework, and practical considerations involved in investigating and pursuing such claims.
Drawing on relevant statutory provisions, procedural rules, and the latest case law developments, the course explores how clinical negligence claims arise, how liability and quantum are established, and how claims should be investigated and progressed in practice. Particular attention is given to managing client expectations, the strategic use of evidence (both factual and expert), compliance with pre-action requirements, and the fundamentals of litigation.
By the end of the day, participants will have a structured understanding of how a clinical negligence claim moves from initial instruction through investigation and, where necessary, to formal proceedings.
Learning Outcomes
By the end of this course, participants will be able to:
- Define clinical negligence and explain the legal framework underpinning such claims, including the application of principles established in cases such as Bolam v Friern Hospital Management Committee and Montgomery v Lanarkshire Health Board.
- Identify and manage client expectations by understanding the strengths, weaknesses, risks, and likely timelines of clinical negligence claims.
- Establish liability by analysing duty of care, breach of duty, and causation, and applying relevant case law to factual scenarios.
- Assess and prove quantum, including general and special damages, future losses, and the evidential requirements for substantiating loss.
- Investigate a clinical negligence claim effectively, understanding:
- The role of medical records
- The importance of witness evidence
- The instruction and use of independent medical experts
- Apply the relevant Pre-Action Protocol for clinical negligence claims to ensure procedural compliance and strategic advantage in early-stage claims.
- Understand the basics of litigating a clinical negligence claim, including issuing proceedings, pleadings, case management, settlement considerations, and trial preparation.
- Recognise recent legal developments and emerging trends in clinical negligence law and procedure, and evaluate their practical impact on claims handling.
Further Events
If this course doesn't feel like it is suited to your level of expertise, we do also run the following events:
Clinical Negligence – the basics 2026
Clinical Negligence Update 2026
Clinical Negligence Intermediate 2026
Quantum for clinical negligence lawyers 2026
Clinical Negligence Conference - General Surgery and GI Medicine
Advanced Course in Clinical Negligence 2026
"John McQuater is one of the best speakers on the legal training circuit"
APIL Past President, Director of Switalskis Solicitors Ltd
John McQuater qualified as a solicitor in 1983 and is a Director of Personal Injury, and member of the Complex Injury Team, at Switalskis Solicitors... view full biography