Progressing Claims in a time of Coronavirus

As lockdown begins to be lifted,  everyone wonders what will be the new “normal” and the same applies to the legal system and clinical negligence claims. We are pleased to say that it is now possible  for all procedural aspects of claim up to an including a Trial can be completed, but with some slight changes. I will set out below the changes we have noted, to give you an idea of what to expect:

  • Appointments – whilst we all prefer face to face appointments, in the current pandemic this is not possible and even when this restriction is fully lifted we appreciate our clients, many of whom have medical issues, may not feel comfortable with this for some time. As a result we have the facility to arrange video calls or to conduct appointments by telephone and can offer this to any clients. Please feel free to ask about this.
  • Delays – some steps in a case such as applying to a hospital for records can take a little longer. Under the circumstances we will continue to chase these up but are finding these steps are taking longer than expected due to the demands on the NHS, GPs and other medical professionals. We are not concerned by this and will keep you updated on when we apply and when the records come in.
  • Medical Evidence – In the course of investigating the case we need to obtain the views of independent medical experts and as many of these doctors and nurses also work in NHS roles and are in high demand at the moment getting their reports and views on the case can take a little longer than usual. Again this is entirely manageable but just may take a little longer than usual. We will keep you updated on when these reports are due.
  • Medical Examinations – As part of the investigation into cases our medical experts often need to meet with our clients to assess injuries and medical needs. Many of our experts have now started to offer these appointments again, albeit socially distanced and with appropriate Personal Protective Equipment [PPE]. However, if as a client you are concerned about this you should speak to your solicitor as there are many ways in which this can be handled, including some experts assessing you by video call, depending on your injuries. In other cases it may be possible to simply delay the examination until a later date.
  • Court Hearings – all hearings whether they are short or full trials have been continuing in lockdown, conducted by telephone or in some cases for more important hearings by video conferencing. If your attendance is required we will make all of the arrangements to ensure that this is possible.

I can therefore reassure you that there is no reason why a clinical negligence claim cannot progress in this unprecedented time. We are well aware of the uncertainty surrounding life and the concerns our clients have in this unusual time are important to us. You should not hesitate to tell us about your worries and we wish to reassure you that they will be taken into consideration and we can work with you to ensure that we can find a solution that works for both you and your claim. If you have any questions at all or require any reassurance about how your claim will proceed please do not hesitate to contact us on 01642 231110.

Joanne Davies – July 2020