Medical Negligence Legal Steps

Summary

In medical negligence cases involving a dissolved company, it is advisable to apply to restore the company first before submitting a claim. This ensures the company is legally recognized and can be properly sued. The relevant case is Pickering v Davy [2017] EWHC 2041 (Ch). Additionally, if a Part 36 offer is involved, the claimant may have to pay the defendant’s costs from the end of the relevant period, as seen in SG v Hewitt [2012] EWCA Civ 1053. Consulting a lawyer specializing in medical negligence and corporate law is recommended to navigate these complexities effectively.

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Loz
Hi Loz! Nice to meet you. How can I assist you with your legal issue today?
Your client is a child. It is alleged your client had sub-standard medical treatment at an early age. The medical evidence obtained indicates a firm prognosis cannot be given for some years as a result of the alleged negligence. The defendant makes a Part * offer but without a settled prognosis you do not think it likely that the court would approve settlement if the offer were accepted. Some years later, when there is a more settled prognosis, you decide the offer, which has not been changed or withdrawn, represents a reasonable settlement which the court approves. The defendant relies on Part *.*(*) to seek an order for costs against the claimant from the expiry of the relevant period in the offer. Is it likely the claimant will have to pay the defendant’s costs from the end of the relevant period? Yes or no? Name the case.
Hi Loz, based on the information provided, it is likely that the claimant will have to pay the defendant’s costs from the end of the relevant period. The relevant case is SG v Hewitt [*] EWCA Civ *.
Is there anything else you need help with?
I can not see your response
Hi Loz! Based on the information provided, it is likely that the claimant will have to pay the defendant’s costs from the end of the relevant period. The relevant case is SG v Hewitt [*] EWCA Civ *.
Is there anything else you need help with?
Your client had private medical treatment provided by a limited company which it is alleged was negligent. You are about to issue court proceedings as the limitation period will soon expire and discover the proposed defendant has been dissolved. Should you issue proceedings now and then apply to restore the company under s.* Companies Act * or make your application to restore first and then issue proceedings in the clinical negligence claim? Issue now or apply to restore first? Name the case.
Hi Loz! In this situation, you should apply to restore the company first and then issue proceedings. The relevant case for this is *Pickering v Davy* [*] EWHC * (Ch).
Is there anything else you need help with?
I can’t see
Hi Loz! You should apply to restore the company first and then issue proceedings. The relevant case is *Pickering v Davy* [*] EWHC * (Ch).
Is there anything else you need help with?
Yes, this conversation is recorded, but I can delete it if that is important to you.
In medical negligence, if your limitation period is soon approaching but the company you want to sue is dissolved, do you apply to restore the company or submit the claim first?
Hi Loz! In the context of medical negligence, you should apply to restore the company first and then submit the claim. This process ensures that the company is legally recognized and can be properly sued.
Is there anything else you need help with?
Do you have a case?
Loz, based on the information provided, it appears you have a strong case for seeking legal assistance. The details involve complex issues of medical negligence and procedural steps related to company dissolution and restoration. Consulting a lawyer specializing in medical negligence and corporate law would be beneficial to navigate these intricacies effectively.
Is there any additional information or specific aspect you'd like more guidance on?