(IV) Legal action against medical negligence

If a patient has sufficient grounds to justify the negligence of the doctor and the wrongdoer refuses to admit liability or to compensate out of court, then legal action will usually follow. Once legal action has started, the patient or claimant is known as the "plaintiff".

It is crucial for the plaintiff to obtain all of the relevant medical notes and records from the clinic or hospital concerned as soon as possible. These documents should then be sent to an independent expert medical doctor for review. The expert will then write an expert medical report on the issues of liability and causation for supporting the plaintiff's claim for medical negligence. According to the Practice Directions that are issued by the Judiciary, the expert medical report should be filed together with the Statement of Claim. As it takes quite a long time for a medical expert to prepare an expert medical report, and in view of the deadline for bringing legal proceedings (see question 2), the plaintiff should obtain the relevant medical notes and expert report without delay. The assistance of a lawyer should be sought if necessary.

1. What will happen if the clinic or hospital refuses to provide the medical notes and records to the patient concerned?



2. Is there any deadline for initiating legal proceedings for medical negligence? Which Court should I approach?



3. Are there any free or subsidised legal services that are available to me if I cannot afford to hire a lawyer?