Progressing an investigation/ claim

Question 1

What steps should be taken to progress a claim when a Letter of Claim (Letter of Notification) is received?

Answer 1

1. Co- defendants - Identify those involved and clarify any co-defendants
2. Documents - Retrieve and scrutinise relevant documents including: medical records, internal investigation reports (and statements), complaints correspondence, PPGs, quantum documents if provided
3. Comments - from relevant clinicians
4. Expert evidence - seek early expert evidence on breach, causation, prognosis and quantum
5. Aim to provide a letter of response within 4 months of Letter of Claim
6. Apology and duty of candour - encourage
7. Consider ADR - to avoid costs and formal proceedings where possible/ appropriate

8.Consider settlement offer -global, Calderbank, part 36

9. Feedback to GP Practice and Trust on learning for organisation and individuals