Not every clinical negligence claim will require the Court’s involvement. The initial stages of the investigation are often carried out before the Court is notified of a claim and many cases are brought to a successful conclusion without the need for Court proceedings. It may be necessary to start Court proceedings for a number of reasons, for example:
- The limitation period is due to expire; or
- During the initial stages, the Defendant Hospital/GP/private practitioner denied the claim and court proceedings are started to progress to the next steps in the litigation process; or
- During the initial stages, the Defendant made admissions in the claim and court proceedings are started for Judgment to be entered and to obtain payments on account of the eventual compensation award.