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Welcome for introduction of a pre-action protocol in clinical negligence claims

The Medical Protection Society Limited (MPS) has said it is pleased at the Minister for Justice and Equality’s announcement today of the proposal.

“For many years, MPS has strongly encouraged the government to introduce a pre-action protocol for clinical negligence claims alongside cost penalties to incentivise compliance,” said Ms Emma Hallinan, Director of Claims and Litigation at MPS.

“We therefore welcome the proposed amendment to the Legal Services Regulation Bill which allows for both of these. In addition, we also broadly welcome other aspects of the Bill, which we hope might address some of our concerns about disproportionate legal costs.

“We believe that introducing a pre-action protocol will allow for better management of clinical negligence claims and help resolve claims more efficiently for all involved, patients and healthcare professionals.

“It should introduce predictability, discipline and transparency to the claims process. It could also help the patient/clinician relationship by encouraging a climate of greater openness.

“If the amendment is approved, we look forward to working with the government as they define what the pre-action protocol will look like in practice.”

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