A patient has filed a claim against their doctor, alleging professional negligence. The patient believes that they will require the testimony of experts from two different disciplines to support their case. However, the court has issued a directions order that permits only one expert to testify.
Can the patient request a variation in the directions order?
A patient has filed a claim against their doctor, alleging professional negligence. The patient believes that they will require the testimony of experts from two different disciplines to support their case. However, the court has issued a directions order that permits only one expert to testify.
Can the patient request a variation in the directions order?
Yes, by making an application to vary the directions within 14 days of issuance of the order.
(A) If a patient believes that the directions order has compromised their position, they can apply to vary it through a court order. However, it is important to note that the application may or may not be successful, as the court may believe that the original directions are suitable for the direction has compromised their position.
Option (B) is incorrect because court approval will be necessary regardless of whether or not the doctor consents.
Option (C) is incorrect because the patient must make the application within 14 days of the service of the directions order.
Option (D) is incorrect because, although the court would have already considered the needresolving the claim fairly, expeditiously, and justly. It is still appropriate for the patient to make an application to vary if they believe that for two experts, the patient may still make an application now to try to persuade the court to alter its position.
Option (E) is incorrect because, as explained above, the directions order may be varied.