Webinar Overview

This webinar examines the complex legal and practical issues that arise where a claimant suffers sub-standard medical treatment following an injury caused by another party's negligence. It will explore how the law approaches causation, intervening acts, and the apportionment of liability between original tortfeasors and healthcare providers.

The session will also consider strategic decisions in investigating and pursuing claims, the applicable pre-action protocols, the impact of the Civil Procedure Rules as amended from April 2024, and the practical considerations involved in settlement where multiple defendants are involved.

Learning Objectives

By the end of this webinar, participants will be able to:

• Apply the key principles of causation in cases involving subsequent negligent medical treatment.
• Identify when multiple defendants may be jointly and severally liable for the same damage.
• Assess whether negligent medical treatment or a claimant's own conduct is capable of breaking the chain of causation.
• Understand the role of remoteness in determining recoverable losses.
• Evaluate the strategic factors influencing whether and how separate claims should be investigated and pursued.
• Select the appropriate pre-action protocol where claims involve both personal injury and clinical negligence issues.
• Advise clients on the procedural and practical issues arising under the Civil Procedure Rules as amended from April 2024.
• Consider effective approaches to settlement where one or more defendants seek to resolve claims independently.