Civil Liability and Courts Act 2004

F11 [ PART 2A

Clinical Negligence Actions ]

Annotations:

Amendments:

F11

Inserted by Legal Services Regulation Act 2015 (65/2015), s. 219(1), not commenced as of date of revision, subject to transitional provision in subs. (2).

32A

F12 [ Interpretation of Part 2A

32A. ]

Annotations:

Amendments:

F12

Inserted by Legal Services Regulation Act 2015 (65/2015), s. 219(1), not commenced as of date of revision, subject to transitional provision in subs. (2).

Modifications (not altering text):

C4

Prospective affecting provision: section inserted by Legal Services Regulation Act 2015 (65/2015), s. 219(1), not commenced as of date of revision, subject to transitional provision in subs. (2).

F12 [ 32A. (1) In this Part

clinical negligence means anything done or omitted to be done in the provision of a health service by a health service provider in circumstances which could give rise to liability for damages for negligence in respect of personal injury or death;

clinical negligence action means an action for the recovery of damages brought

(a) by or on behalf of a person alleging that he or she, or a deceased person of whom he or she is a personal representative, has suffered personal injury or death as a result of clinical negligence, and

(b) against the health service provider alleged to have committed the act or omission giving rise to liability or any other person alleged to be liable in respect of that act or omission;

health service means

(a) the carrying out of a clinical investigation, diagnosis, procedure, treatment or research,

(b) the provision of clinical advice or information, or

(c) the provision of clinical care;

health service provider means a person whose name is on

(a) the register of medical practitioners,

(b) a register maintained by the Dental Council,

(c) a register maintained by the Optical Registration Board,

(d) a register set up under section 13 (1) of the Pharmacy Act 2007 ,

(e) a register maintained under section 46 of the Nurses and Midwives Act 2011 , or

(f) a register maintained by any health and social care profession which has been designated for the purposes of the Health and Social Care Professionals Act 2005 and which the Minister has prescribed by regulations;

pre-action protocol means the pre-action protocol mentioned in section 32B . ]