Personal Injury & Medical Negligence - Legal Practice Specialism

Course Structure

• 1. Initial Steps in a PI&MN Claim

  This course covers what happens at and following the first interview, including calculating limitation dates, funding options, costs rules, and pre-action protocols for personal injury and medical negligence claims.

  By the end of this course, you'll be able to:

  Identify the important facts and information to obtain at a first interview to help the solicitor to assess risk

  Understand and be able to calculate limitation periods in a personal injury and medical negligence claim

  Understand the issues relating to funding and the costs of personal injury and medical negligence claims

  Understand the different protocols that apply to personal injury and medical negligence claims, decide which needs to be followed in certain claims and the initial steps to take to begin the claim

• 2. Road Traffic Accidents

  This course explores how to establish liability for road traffic accidents by examining the duties owed by motorists to other road users, the role of insurers, and the duties of other parties involved in a claim.

  By the end of this course, you'll be able to:

  Understand the types of liability that arise in relation to road traffic accidents

  Use the rules of the Highway Code to help establish liability in road traffic accidents

• 3. Public and Private Liability Claims

  This course covers how liability is determined for accidents on public highways and private land, including slip/trip and other accidents.

  By the end of this course, you'll be able to:

  Understand the areas of liability that arise in relation to slip/trip and other accidents on the public highway

  Analyse case law in relation to accidents on the public highway

  Understand the areas of liability that arise in relation to slip/trip and other accidents on private land

• 4. Employers’ Liability Claims

  This course explores how employers' liability is determined at common law and through statutory duties, including the 'six pack regulations.'

  By the end of this course, you'll be able to:

  Understand and identify the areas of liability that arise in claims against employers

  Understand the role of health and safety legislation in establishing liability

  Identify and locate what evidence is required to prove such a claim

• 5. Medical Negligence Claims

  This course covers how liability is established in medical negligence claims, including issues of informed consent and identifying the correct defendant. You'll also learn about the NHS Mediation Scheme, NHS Complaints Procedure, and the General Medical Council.

  By the end of this course, you'll be able to:

  Appreciate a client's motivation for bringing a claim for medical negligence

  Understand what duty of care a doctor owes a patient and how to prove that this duty has been breached

  Understand the issues of causation and consent in medical negligence claims

  Identify the correct defendant

  Advise a client on the NHS Mediation Service and the NHS Complaints Procedure

  Understand the role and purpose of the General Medical Council

• 6. Fatal Accident Claims and the Coroners’ Court

  This course introduces the involvement of a personal injury solicitor in fatal accident claims, including who can bring a claim, when it should be brought, and how damages are calculated. You'll also learn about the potential involvement of the Coroners’ Court.

  By the end of this course, you'll be able to:

  Understand when and who can bring a claim after death

  Understand the entitlement to compensation and how it is calculated

  Identify necessary evidence to advance a fatal accident claim

  Appreciate the involvement of the Coroners’ Court following a fatal accident

• 7. Experts in a PI&MN Claim

  This course covers the different types of expert evidence required in PI&MN claims, how to select an expert, and the experts' obligations and status.

  By the end of this course, you'll be able to:

  Analyse the issues in a PI&MN claim which require expert evidence

  Identify which expert(s) to instruct and whether that expert should be instructed on a single or joint basis

  Understand the expert's duty to the court and their likely responsibilities in a PI&MN claim

  Understand the practical issues of instructing an additional expert's report

• 8. Commencing a PI&MN Claim

  This course explores when and where to start proceedings, and how to draft a claim form and particulars of claim in PI&MN claims.

  By the end of this course, you'll be able to:

  Identify the circumstances in which to issue proceedings in a personal injury and medical negligence claim

  Identify the court in which to issue proceedings in a personal injury and medical negligence claim

  Identify the documents required to issue proceedings in a personal injury and medical negligence claim

  Understand how to draft a claim form and particulars of claim in different types of personal injury and medical negligence claims

• 9. Quantifying a PI&MN Claim

  This course covers how to value general and special damages, including using formulas for future losses. You'll also learn about claiming interest, the impact of benefits, and claims for provisional damages and periodical payments.

  By the end of this course, you'll be able to:

  Value general and special damages

  Understand and apply multipliers and multiplicands to calculate claims for future losses

  Understand the claw-back provisions under the Social Security (Recovery of Benefits) Act 1997

  Understand the claimant's entitlement to claim interest

  Identify when provisional damages may be awarded

  Understand periodical payments as an alternative to lump sum payments

• 10. Defending a PI&MN Claim

  This course explores the general principles of drafting defences and what a defence may look like in various scenarios, including fatal accident claims.

  By the end of this course, you'll be able to:

  Understand the general rules in relation to drafting defences in PI&MN claims

  Appreciate how to draft a defence in relation to PI&MN claims

  Appreciate additional points that need to be dealt with in a defence to a fatal accident claim

• Certification

  Upon completion of the course, you will be awarded a digital certification.
  
  To earn your certificate for this course, you need to successfully complete the assessment with a score of 80% or higher. Once you pass the assessment and the invigilation check, you'll receive your digital certificate the following month. Your certification will be sent directly to your registered email address.