Medical Law Briefing – June 2021

An Introduction to Capacity: Part I

Welcome to another edition of the 1 Chancery Lane Clinical Negligence team briefing. In this edition Ella Davis and Susanna Bennett take a look at the procedural and legal framework relating to mental capacity. Capacity arises in a significant number of clinical negligence claims. Often there are obvious indicators that a Claimant’s capacity needs to be assessed. In such cases capacity is usually well evidenced and assessed throughout the life of the claim. In other cases, however, the indications that capacity may be in issue are more subtle and capacity may not be raised as an issue until some way through the litigation process. Whenever it arises,  those practicing in this area should have a handle on the procedural and legal framework, and focus the factual and expert evidence accordingly.

Also, watch this space for Part II of this briefing. In follow up, 1 Chancery Lane’s Personal Injury team will be looking at capacity in the context of traumatic brain injury cases.

Read the Medical Law Briefing in full.