Procedure

Procedure

Pre-action protocols

The Clinical Disputes Protocol is designed to encourage a climate of openness when something has gone wrong with a patient’s treatment or the patient is dissatisfied with medical treatment. It was last amended in April 2015. It sets out a timed sequence of steps for patients and health care providers to follow when a dispute arises. It is designed to speed up the exchange of relevant information and increase the prospects of dispute resolution without resorting to legal action. This Protocol is now regarded by the courts as setting the standard of normal reasonable pre-action conduct for the resolution of clinical disputes. For further guidance, see Practice Note: The Pre-Action Protocol for the Resolution of Clinical Disputes—6 April 2015 onwards.

The protocol now makes specific reference to the duty of candour imposed on healthcare providers by the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, SI 2014/2936. It also includes consideration of an apology as a separate specific objective.

See Practice Note: The duty of candour.

The effect of the coronavirus (COVID-19) pandemic on clinical negligence litigation was significant. The original

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