> ### CIVIL PROCEDURE PRE-ACTION PROTOCOLS

> ### CLINICAL NEGLIGENCE PROTOCOL

> ### ANNEX C

> ### TEMPLATES FOR LETTERS OF CLAIM AND RESPONSE

> ### C1 LETTER OF CLAIM

> | Essential Contents
> 1. | Client's name, address, date of birth, etc.
> 2. | Dates of allegedly negligent treatment
> 3. | Events giving rise to the claim: an outline of what happened, including details of other relevant treatments to the client by other healthcare providers.
> 4. | Allegation of negligence and causal link with injuries: an outline of the allegations or a more detailed list in a complex case; an outline of the causal link between allegations and the injuries complained of.
> 5. | The Client’s injuries, condition and future prognosis
> 6. | Request for clinical records (if not previously provided) use the Law Society form if appropriate or adapt; specify the records require; if other records are held by other providers, and may be relevant, say so; state what investigations have been carried out to date, e.g. information from client and witnesses, any complaint and the outcome, if any clinical records have been seen or experts advice obtained.
> 7. | The likely value of the claim an outline of the main heads of damage, or in straightforward cases the details of loss
> | Optional Information
> | What investigations have been carried out An offer to settle without supporting evidence Suggestions for obtaining expert evidence Suggestions for meetings, negotiations, discussion or mediation
> | Possible enclosures
> | Chronology Clinical records request form and client's authorisation Expert report(s) Schedules of loss and supporting evidence

> ### C2 LETTER OF RESPONSE

> | Essential Contents
> 1. | Provide requested records and invoice for copying: explain if records are incomplete or extensive records are held and ask for further instructions; request additional records from third parties.
> 2. | Comments on events and/or chronology: if events are disputed or the healthcare provider has further information or documents on which they wish to rely, these should be provided, e.g. internal protocol; details of any further information needed from the patient or a third party should be provided.
> 3. | If breach of duty and causation are accepted: suggestions might be made for resolving the claim and/or requests for further information; a response should be made to any offer to settle.
> 4. | If breach of duty and/or causation are denied: a bare denial will not be sufficient. If the healthcare provider has other explanations for what happened, these should be given at least in outline; suggestions might be made for the next steps, e.g. further investigations, obtaining expert evidence, meetings/ negotiations or mediation, or an invitation to issue proceedings.
> | Optional Matters
> | An offer to settle if the patient has not made one, or a counter offer to the patient’s with supporting evidence
> | Possible enclosures:
> | Clinical records Annotated chronology Expert reports

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