Defendants fail to submit defence

scoops22

I am curious to know how common is it for defendants in a medical negligence case to fail to offer a defence and what reason would they have for doing so?

I attended 2 different doctors for examinations at the request of the defendants but they still gave no defence. We’ve had apply to the high court for a motion which has given them 6 weeks to submit defence.

Just curious to know if this is normal in the legal world?

Thanks

Happens all the time. Nothing unusual about it at all.

hullaballoo

Litigation of this type is a long road. Defendants and sometimes plaintiffs will do things to kick the can down the road to gain time for themselves for a variety of reasons.

The timelines for delivery of pleadings documents - statement of claim, defence, that kind of thing - are guidelines in practice. The defendant has a very strong right to defend themselves so while you can bring motions that may sound to you like they have an air of finality, e.g. judgment in default of defence, the reality is that the result is usually that the defendant is given more time to give their defence. Medical negligence claims can be convoluted enough so the Courts will generally allow a defendant further time to arrange their defence in line with the complexity of the case.

Other things to flag at this stage, as we on boards once again find ourselves filling in gaps that should really have been filled in elsewhere, is that procuring expert reports can take months and months, particularly if it is a niche area of medical practice. Locating a suitable expert, usually in the UK or further afield, can take up a considerable amount of time. Briefing them, then awaiting their consideration and report on the brief can again take considerable time.

I suppose the overall point is to brace yourself for the length of time this could take. But also be proactive in getting updates on what's happening. Sometimes the delays can be inertia on the part of lawyers. Every 6 months or so.

ohnonotgmail

hullaballoo wrote: »

Litigation of this type is a long road. Defendants and sometimes plaintiffs will do things to kick the can down the road to gain time for themselves for a variety of reasons.

The timelines for delivery of pleadings documents - statement of claim, defence, that kind of thing - are guidelines in practice. The defendant has a very strong right to defend themselves so while you can bring motions that may sound to you like they have an air of finality, e.g. judgment in default of defence, the reality is that the result is usually that the defendant is given more time to give their defence. Medical negligence claims can be convoluted enough so the Courts will generally allow a defendant further time to arrange their defence in line with the complexity of the case.

Other things to flag at this stage, as we on boards once again find ourselves filling in gaps that should really have been filled in elsewhere, is that procuring expert reports can take months and months, particularly if it is a niche area of medical practice. Locating a suitable expert, usually in the UK or further afield, can take up a considerable amount of time. Briefing them, then awaiting their consideration and report on the brief can again take considerable time.

I suppose the overall point is to brace yourself for the length of time this could take. But also be proactive in getting updates on what's happening. Sometimes the delays can be inertia on the part of lawyers. Every 6 months or so.

i took it from the OP that they had already completed all of this bar the experts report. waiting 6 months for the expert to produce their report would seem unreasonable in my mind.

hullaballoo

ohnonotgmail wrote: »

i took it from the OP that they had already completed all of this bar the experts report. waiting 6 months for the expert to produce their report would seem unreasonable in my mind.

I don't see where I've said anything different.

Though 6 months for an expert report in a complicated med neg case wouldn't be unheard of.

Claw Hammer

ohnonotgmail wrote: »

i took it from the OP that they had already completed all of this bar the experts report. waiting 6 months for the expert to produce their report would seem unreasonable in my mind.

The o/p has been to the Defendant doctors. The defending insurance company has to await reports and also is likely to get a Counsels's opinion on liability and quantum issues as well as tactics. In some cases they obtain a reort from their doctor and send it to another doctor and then send both reports to a Senior Counsel. After that the have to send all of it to Junior Counsel to draft the defence and then have the defence settled by Senior Counsel. Each stage will also be checked by the claims manager of the insurance company who may want matters clarified or explained at any time.

scoops22

Thanks for the replies guys.
I have my own 2 medical medical reports back from Uk consultants since 2019.
I attended the defendants doctors for examinations in August and September 2020.

It just seems like its a bit long to be waiting since then, thats why I was wondering if it’s normal for delays like this for seemingly no reason I guess.