CIVIL PROCEDURE — summary disposal — dismissal of proceedings — medical negligence proceedings commenced without expert evidence — claim otherwise plagued with difficulty
Quick Take
1Medical negligence proceedings commenced without an expert report complying with UCPR r 31.36 may be dismissed under r 31.36(3) where the plaintiff has been given repeated opportunities to comply and there is no real prospect of compliance.
2A plaintiff suing in respect of a deceased person's death must establish standing through a grant of letters of administration (where the deceased died intestate) and must identify a statutory basis for the claim, as no common law action lies for the death of a person (Baker v Bolton (1808) 1 Camp 493).
3Where clinical records tendered by the defendant affirmatively demonstrate that the treatment complained of was consistent with appropriate medical care for a terminally ill patient, and the only basis for the claim is the plaintiff's lay disagreement with medical advice, the proceedings may be dismissed as disclosing no real prospect of success.
