Disclosure: the hidden key to winning clinical negligence claims?

Abstract

The process of obtaining and disclosing a Claimant's medical notes and records is a fundamental part of the clinical negligence (and personal injury) litigation process. It is routinely conducted in the very early stages of investigating and assessing a potential clinical negligence claim. This article argues for a case-focused, bespoke approach to disclosure which may yield information which can entirely alter the complexion of litigation, in the Claimant's favour. This article attempts to illustrate some approaches to disclosure which can be used to try to achieve this aim.