A Letter of Advice to Nhs Litigation Authority on Clinical Neglgence Case of Missed Fractured Scaphoid Bone

3555 Words Feb 9th, 2012 15 Pages
To: NHS Litigation Authority,

Re: Chandler Bing v Friends Health NHS Foundation Trust

Dear Sir/ Madam,

Thank you for your referral of the case concerning Mr. Chandler Bing’s missed fracture scaphoid bone received on 31 August 2010.

The following is the Letter of Advice to the NHSLA concerning the above-mentioned case.

The Claimant: 1. The Claimant was born on 8 April 1969.
As a result of the events referred to in their particulars of claim the claimant is now represented by Bloomingdale Solicitors to launch to launch a civil action against Friends Health NHS Foundation Trust on 31 August 2010.

The Defendant:
2. The Defendant was at all relevant times responsible for the management control, and administration of
…show more content…
Additional witnesses should state their relationship to the Claimant. If a family member is providing a statement which is collaborative of the Claimant’s amount of events, the witness should confirm that he or she has read the Claimant’s statement and state that he or she agrees with its contents, insofar as those within his or her knowledge. The statement should then deal with issues of which the witness can give primary evidence.

Where a party is required to serve a witness statement and he is unable to obtain such a statement, for example because the witness refuses to communicate with the Defendant’s solicitor, he may apply to the Court for the permission to serve only a witness summary instead.

This application should be made without notice. The witness summary is a summary of the evidence which would otherwise go into a witness statement, or if the evidence is not known, matters about which the party serving the witness summary will question the witness.

Expert Evidence: 1. In clinical negligence disputes, expert opinions may be needed: a. On breach of duty and causation. b. On the patient’s condition and prognosis. c. To assist in valuing aspects of the Claims.
The main expert witnesses to be considered include: a. Orthopaedic specialists. b. Accident and Emergency specialists. c. Radiology specialists. 2. The new Civil Procedure Rules will encourage economy in the use

Related Documents