Course Overview

Clinical negligence claims present practitioners with complex legal, evidential, tactical and case management challenges. A thorough understanding of the applicable legal tests, expert evidence and strategic considerations is essential to investigating claims effectively and achieving the best possible outcome for clients.

This practical course provides delegates with the knowledge and know-how required to investigate and litigate clinical negligence claims effectively. It will examine key legal principles, including the application of the Bolam test and the different approaches to establishing causation, together with the expert evidence required to support each approach.

The course will also consider the strategic and commercial aspects of clinical negligence litigation, including case and costs management, Part 36, alternative dispute resolution and the associated costs consequences. It will explore practical issues facing clinical negligence practitioners in managing their cases and practices, as well as emerging and future strategic considerations.

The course will incorporate the latest developments and case law, providing delegates with practical insights into both the legal and tactical aspects of successful clinical negligence practice.

Learning Objectives

By the end of the course, delegates should be able to:

• Analyse and apply the Bolam test and understand when it applies and when alternative approaches may be required.

• Identify the appropriate legal tests for establishing causation in different types of clinical negligence claims.

• Understand the role of expert evidence and identify the evidence required to support the relevant approach to causation.

• Apply effective case management strategies when investigating and litigating clinical negligence claims.

• Understand the principles of costs management and their strategic importance in clinical negligence litigation.

• Develop effective Part 36 strategies and understand how Part 36 can be used tactically in clinical negligence claims.

• Evaluate ADR options and select appropriate approaches to resolving clinical negligence disputes.

• Understand the costs consequences of ADR and Part 36 decisions and incorporate these considerations into litigation strategy.

• Identify practical strategies for managing clinical negligence cases effectively, including balancing legal, evidential, tactical and commercial considerations.

• Consider practice management issues relevant to clinical negligence lawyers and the effective delivery of legal services.

• Apply recent legal and procedural developments to the investigation and conduct of clinical negligence claims.

• Identify future strategic issues and emerging challenges likely to affect clinical negligence practice and develop appropriate strategies to address them.