MEDICAL NEGLIGENCE & PERSONAL INJURY COMPENSATION

MEDICAL NEGLIGENCE & PERSONAL INJURY COMPENSATION what should the solicitor be looking out for in the first interview? - correct answer - identifiable causes of action and how the claim will be proved. Evidence is needed to prove what in medical negligence and personal injury? - correct answer - liability (duty and breach) and value of the claim (causation and quantum) what is in the proof of evidence draft and what is it for? - correct answer - a detailed summary of the client's case, including opinions, suspicions and hypotheses etc. It is to record details whilst they are still fresh in the client's mind What is crucial to establish in the first interview with the client? - correct answer - The date of the accident in order to determine when the limitation date expires When there is not an obvious accident date, what date should be established instead? - correct answer - the date of when the client had 'knowledge' of a claim. In cases when relying on 'date of knowledge', who has the burden of proof? - correct answer - The Claimant needs to prove to the court they should be allowed to rely on this date under s.14 LA 1980 to establish a later limitation date. When is the injured party considered to first have 'knowledge' under s.14 LA 1980 - correct answer - when they first have knowledge of: a) that the injury was significant b) that the injury was attributable to an act or omission c) the identity of the defendant is known to the claimant d) if it is alleged the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant.