The Pre-action Protocol for the Resolution of Clinical Disputes

The first task of the Clinical Disputes Forum was to devise a protocol acceptable to all parties through which to get accidents investigated early, patients given explanations for what had happened and whenever possible cases resolved without the need to go to law.

About 8,000 professionals working the various aspects of the clinical negligence system were consulted about the form of the Protocol. We are very keen to hear as much as possible from people about their experience of using it. We would particularly like to hear from patients or health professionals who have had good experiences of using it, which we might be able to use to promote its use further. Similarly we want to hear about problems which arise and which the monitoring group will try to sort out.

The protocol was brought into force by the Civil Procedure Rules, which came into force in April 1999 and has remained largely unrevised since then. Based on the work done by a Forum Working Group in 2002, a new group has drafted produced a draft for consultation in Spring 2010. Any final observations will be welcomed,. These should be sent to Tony Allen at tallen@cedr.com by the end of May 2010.

August 2000

Working Party