- Title
- Pre-Action Requirements in Medical Negligence Matters
- Creator
- Sourdin, Tania; Castles, Margaret; Muddle, Madeline
- Relation
- Journal of Civil Litigation and Practice Vol. 7, Issue 2, p. 77-93
- Relation
- https://anzlaw.thomsonreuters.com/Document/I1e83572e683911ea9466e69956ff701d/View/FullText.html?originationContext=typeAhead&transitionType=Default&contextData=(sc.Default)&comp=wlau
- Publisher
- Thomson Retuers
- Resource Type
- journal article
- Date
- 2018
- Description
- Pre-action requirements are intended to promote the resolution or management of disputes before court or tribunal proceedings are commenced. This article explores the range of approaches applied in implementing pre-action requirements and provides examples of those that have been used recently in Australia. The main aim is to explore the operation and effectiveness of 2014 pre-action protocols that apply to medical negligence matters initiated in the District and Supreme Courts of South Australia. The findings are based on preliminary analyses of data collected during focus group interviews that were held with plaintiffs, defendants, lawyers and judicial officers as part of a research project being undertaken by the University of Newcastle and the University of Adelaide, designed to analyse the effectiveness of the protocols from cost, time, efficiency and fairness perspectives. The data suggests that, despite apparently widespread non-compliance, the protocols can have positive impacts and, when used appropriately, are fair.
- Subject
- pre-action requirements; Australia; medical negligence; protocols
- Identifier
- http://hdl.handle.net/1959.13/1440858
- Identifier
- uon:41237
- Identifier
- ISSN:1839-4574
- Language
- eng
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