LPC

Study Unit Specifications (Elective Subject)

Code: UJXTT8-10-M

Title: Personal Injury and Clinical Negligence

Version: 2

Level: M-level

UWE credit rating: 10

ECTS credit rating: 5 Module Type: Non-MAR

Owning Faculty: Social Sciences and Humanities

Field: n/a Field Leader: n/a

Valid From: September 2008 Discontinued from:

Contributes towards: Postgraduate Diploma in Legal Practice

Pre-requisites: none

Co-requisites: none

Excluded combinations: none

1. Rationale

As with all study units on the programme, the rationale is to prepare the student for the first day of work as a professional lawyer (i.e. as a new trainee solicitor in a firm of solicitors). Specifically in this case the rationale is to provide an introduction to the large and complex area of personal injury and clinical negligence litigation. The area is expanding rapidly and becoming very specialised with the NHS paying out around £400,000,000 a year in settlement of clinical negligence claims and a potential liability of around £2.4 billion for existing and expected claims.

The elective builds on knowledge obtained in civil litigation. The basic litigation procedure for both personal injury and clinical negligence claims are the same. However the skills required to pursue the claims differ.

The course will be case based. The personal injury element will cover an employers liability claim from a claimant perspective and follow the claim through from initial interview to trial.

The clinical negligence element will follow claims through from both a claimant and defendant perspective. Stand alone cases will also be used to demonstrate individual areas of difficulty.

The elective would complement a wide variety of students, from those wishing to go into general practice to those who want to specialise in this highly complex area of litigation.

The course will be delivered by practitioners with expertise in these areas.

2. Learning outcomes:

On completion of this study unit, students are expected to be able to (at a professional level):

2.1 Apply their substantive and technical knowledge acquired within civil litigation and develop skills within the specialist personal injury and medico-legal practice and claims management areas.

2.2 Demonstrate a specialist knowledge in this field and demonstrate an ability to critically evaluate and apply that knowledge towards improving his/her individual skills and practice.

2.3 Advise on these specialist areas as if a trainee and critically evaluate appropriate approaches to dealing with potential claims.

2.4 Use research and enquiry techniques to access, interpret, critically analyse and apply relevant knowledge.

3. Syllabus outline:

Content

3.1 Introduction to Personal Injury and Clinical Negligence

      § Differences

      § Current climate

      § Overview

      § Medical terms

3.2 Liability

      § Common law – negligence

      § Breach of statutory duty

      § Occupiers liability

      § Liability in clinical negligence cases

3.3 Initial Steps

      § Interviewing

      § Funding

      § Limitation

      § Taking a proof of evidence

3.4 Fact Gathering and Analysis

      § Overview of initial liability investigations

      § Obtaining medical records

3.5 Complaints Procedure and ADR

      § NHS complaints procedure

      § Negotiation

      § ADR – Mediation

3.6 Pre-commencement and commencement steps

      § Pre-action protocol in clinical negligence claims

      § Disclosure

      § CRU

      § Provisional damages

      § Issuing proceedings

3.7 Instruction of Experts and Counsel

      § How to choose your expert

      § How to draft instructions to your expert

      § Use of experts reports

      § How to choose your counsel

      § How to draft instructions to counsel

3.8 Quantification of damages

      § Special damages

      § General damages

      § How to quantify and update your claim

      § Structured settlements

3.9 Case Management and Trial

      § Preparation for trial

      § The trial

3.10 Coroners Court

4. Teaching & learning methods:

    - case studies and short factual scenarios in the context of which students
    critically evaluate and apply relevant legal and procedural criteria;

    - Individual, group work and role-play exercises;

    - Practice advocacy;

    - Individual and small group presentations;

    - preparing written advice or research notes for (notional) ‘colleagues’ within an office environment;

    - preparing notes of advice to (notional) clients;

    - drafting relevant court documentation and the completion of relevant forms.

    - drafting instructions to experts and counsel

    - using on-line support to value claims

5. Indicative sources:

    - Personal Injury and Clinical Negligence manual - Jordans

    - 'Civil Procedure' published by Thompson Sweet & Maxwell ('The White

    Book');

    - The Civil Procedure Rules (CPR), Practice Directions and Protocols,

    available on line via the Department of Constitutional Affairs' web site;

    - Prescribed court forms available on line via the Court Service web sites;

    - Relevant case law available in hard copy published law reports and on line

    via various packages.

    - Butterworths online – particularly their personal injury lawyer support

    - Numerous pertinent websites eg NHS, HSE

6. Assessment Infrastructure:

One 3-hour unseen, open book examination (with an additional 30 minutes of reading time). Students may also be provided with 'Advance Facts' a few days before the examination.

The examination constitutes 100% of the marks for the study unit. The pass mark is 50%.

Second and final attempts: Re-assessment is by the same method as detailed above. See Assessment Regulations for further details.

Specification confirmed by ............................................... Date .......February 2004

(Associate Dean, Faculty of Law)

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