Clinical / Medical Negligence - Legal Jargon
Making a Clinical Negligence claim can be emotionally and mentally challenging. We do not want the legal process and the wording we use to make the situation worse so we strive to keep legal jargon to a minimum. We appreciate you will come across terms you may not understand so we have tried to explain these as clearly as possible in the definitions below, so that you fully understand the process you are going through.
If you need further explanation then please do contact us.
Causation
In a medical negligence claim the “causal link” between the opponent’s breach of duty and the resulting injury. You have to establish that what they did has had an impact on the outcome and caused an identifiable injury and loss.
Civil Mediation
In personal disputes cases this is a specific form of Alternative Dispute Resolution that is commonly used. It involves appointing an independent mediator to help the parties to a claim resolve the matter. Usually, the Solicitors will also attend. Mediation is commenced on a without prejudice basis which means the judge is not informed about the content of discussions. Both parties must be agreeable to the mediation for it to take place.
Civil Procedure Rules (CPR)
The rules that govern how civil claims are to be conducted. They are supplemented by practice directions.
Claim Form
The document used to commence a claim in either the High Court or County Court. It must be supported by a Particulars of Claim.
Claimant
The party who starts a claim against a Defendant.
Compensation
Money paid to make up for damage or loss caused by the Defendant’s actions. In a medical negligence claim, the principal purpose is to put the Claimant back into the position he/she would have been in if the injury had not happened.
Conditional Fee Agreement (CFA)
Otherwise known as a “no win-no fee” (link to page) agreement. A formal written agreement between a solicitor and client meaning that the solicitors’ costs are not payable if the client does not win the case. Medical negligence claims are predominantly funded in this way.
Cost and Case Management Conference
As per case management conference except the parties are required to file a cost budget which outlines the expected costs incurred in the litigation; this is generally required on more complex or valuable cases.
Costs
The legal costs charged by your solicitor and/or barrister for working on your behalf in relation to the claim together with any expenses in relation to this (see also Disbursements).
Costs Order
Where one party is ordered to pay the other’s legal fees.
Rare in family cases except where the Respondent is ordered to pay the Petitioner’s divorce costs.