A Clinical Negligence Claim

CASE STUDY

In 2011, Dr X was working as a GP Trainee (ST3 Registrar) and saw a young patient who presented a history of feeling tired and thirsty. Dr X advised to check the patient’s blood sugar to rule out a diagnosis of diabetes. The patient underwent blood sugar testing and routine blood tests which were completed by the GP practice.The results were sent to Dr X’s trainer (a GP trainer) who reviewed the results, and signed them off as normal on the practice’s records system. 

The patient attended an appointment with Dr X to retrieve his blood test results. Dr X advised him that the results were normal and reassured him on the basis of the information that was signed off by his trainer. However, in 2017, a clinical negligence claim was raised against the GP practice, involving several doctors – one of which was Dr X for his involvement in the matter. 

It was discovered the patient’s blood test results were not normal. There was minimally raised calcium level and higher levels of cholesterol were noted. It was later found the patient’s calcium level had been elevated in 2008 and no action was taken at the time by the patient’s GP.

MDS ADVICE

Dr X denied all allegations raised against him, so it was paramount that we offered protection and relevant advice to support our client in this matter. 

OUTCOME

After several years of negotiation, it was agreed by all parties to resolve this matter without the need to progress to formal legal proceedings which saved the expense and time of all parties. Multiple offers were provided by the way of Part 36 offers for which MDS fully advised Dr X including advice on general tactics used by Claimants when presenting offers in clinical negligence claims.

LEARNING POINTS

A Part 36 offer in the Civil Procedure Rules is a provision which aims to encourage parties to try to settle their disputes by setting out the costs consequences of offers to settle if they are made in accordance with a Part 36. However, if a party fails to accept a realistic offer made from the other parties, there is a risk of penalised costs and interest at the end of the case. Therefore, a legitimate offer should be made which puts the other side under pressure to settle.