This is an appeal from the [Master’s] Order… striking out C’s action for damages for personal injury arising from clinical negligence on the basis that the expert medical evidence relied upon by C did not substantiate the claim; although not expressed in his Order, the Master also determined that, had he not struck out the claim, he would have entered summary judgment for D because of the very long delay between the alleged negligence and the commencement of the action in 2018 and the effect of that delay on the cogency of the evidence. [1]
C failed to serve… a report substantiating her condition and prognosis along with the Particulars of Claim as required under CPR 16PD 4.2 and 4.3… [8]
an allegation of professional negligence must be supported by a written report by an appropriately qualified professional, absent which the claim is liable to be struck out as an abuse of the court’s process. I have no doubt that C genuinely believes that she has been the victim of medical negligence… but her own view, based upon her detailed consideration of her medical records, is no substitute for supportive expert opinion. [22]
…this appeal must be dismissed. I have been given no reason why C should not pay the costs of the appeal and I so order. [23]
Note: CPR Practice Direction 16, paragraph 4.3 provides:
Personal injury claims
4.3 Where the claimant is relying on the evidence of a medical practitioner the claimant must attach to or serve with his particulars of claim a report from a medical practitioner about the personal injuries which he alleges in his claim.
medicalnegligencenow.com 