Call for Feedback – High Court Protocol for Medical Negligence Cases

The Law Society is seeking feedback from lawyers on the High Court Protocol for Medical Negligence Cases.

With effect from 1 July 2017, parties in medical negligence claims are to comply with the High Court Protocol for Medical Negligence Cases (‘Protocol’) set out in Appendix J of the Supreme Court Practice Directions:

  • Part 1 of the Protocol prescribes a framework for pre-writ exchange of information with a view to resolving medical negligence disputes without protracted litigation.
  • Part 2 of the Protocol sets out pre-trial procedures for medical negligence cases, including the filing of medical reports with pleadings, steps to be taken after the close of pleadings to narrow down facts and issues in dispute, and early involvement of judges with the introduction of a pro-active judge led case management process.
  • Part 3 of the Protocol sets out the framework for the appointment and scope of involvement of a medical assessor at various stages of medical negligence proceedings.

Paragraph 158 of the Supreme Court Practice Directions provides that non-compliance with the Protocol may result in adverse costs orders or adverse interest orders.

Lawyers are encouraged to review the following material:

  • Appendix J of the Supreme Court Practice Directions (accessible on the Supreme Court of Singapore’s website)

Deadline

Please submit your feedback by 28 February 2018.

Submit Feedback

Your feedback will be considered by the Law Society's Civil Practice Committee. Feedback may be submitted by e-mail to to sanjaykrishnan@lawsoc.org.sg