What is the medical negligence process?

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Making a medical negligence claim: What happens before you begin legal proceedings?

What is the medical negligence process before commencing legal action?

Many people are surprised to learn that their medical negligence claim is unlikely to ever make it to court. Most cases are settled before out of court following negotiations between the parties. Even if you get to the stage where you need to issue court proceedings, it is still likely that your case will never heard in a court room.

Nevertheless making a medical negligence claim, whether it will go to court or not, can be daunting, especially if you have not previously dealt with a legal case. To ensure a smooth experience, our team is dedicated to explaining the medical negligence process in clear, jargon-free language, keeping  you informed about every step along the way, and advising you of your options as your claim progresses.

In this article we will break down the medical negligence process prior to issuing court proceedings. Check out our related article on the process after proceedings have been issued.

So, starting at the very beginning …

To bring a successful medical negligence claim, the following must be proved:

  • That the healthcare professional breached their duty of care to you; and
  • This breach directly caused (or significantly contributed) to an injury or illness.

You also need to ensure that you are within the 3-year deadline for adults to make a medical negligence claim. This 3-year deadline runs from the date of the incident, or the date you became aware of the negligent treatment. There are exceptions to this 3-year rule for cases involving children or individuals who lack capacity. It is therefore important to get legal advice as soon as possible to avoid falling outside of the 3-year window.

If you get in touch with our friendly team, we will be happy to review your case and advise whether you have grounds to make a medical negligence claim.

Once it has been established that your claim has merit then this is our step-by-step guide to how the case will proceed:

Step 1: Appointing a medical negligence solicitor

This is a crucial stage, as in most cases you will need a specialist solicitor to guide you through the medical negligence process. If you have already spoken to our team and had a case review, then we hope that you will decide to appoint us to bring the claim on your behalf. The solicitor should be an expert in medical negligence law. Our team includes lawyers who are recommended by the country’s independent legal guides and a member of the prestigious AvMA lawyers panel.

Step 2: Deciding how to fund your claim

Once you have instructed a solicitor you are happy with, the next step will be a discussion about how your claim will be funded. It is important to ensure that you are aware of the financial implications of making a claim and to decide on the most suitable funding option for you. Most of our clients choose to take advantage of our popular, fully funded No Win, No Fee scheme.

Step 3: Obtaining your medical records

Medical records play a vital role in a medical negligence claim. It is important to obtain these from all relevant healthcare professionals involved in youe case. Don’t worry if this sounds difficult, your solicitor will do this for you.

Step 4: Obtaining expert evidence

Your solicitor will also obtain expert witness evidence to comment on whether medical standards have been breached and the consequences of that breach.

Step 5: Valuating the Claim

Once all the evidence has been received, your solicitor will value your claim by considering the harm you have suffered as a result of the negligence. Compensation is broken down into the following categories:

  • ‘General Damages’: Compensating you for your ‘pain and suffering’.
  • ‘Special Damages’: Compensating you for your financial losses, both now and in the future.

Step 6: Letter of Claim and Letter of Response

The next step will be to present your claim to the defendant in a ‘Letter of Claim’. This is a formal document that outlines all the details of the claim, including the allegations of negligence, the harm you have suffered, and the supporting evidence relied upon. Once received, the defendant will have 4 months to investigate and provide a ‘Letter of Response.’

Step 7: Negotiating a settlement

If the defendant admits to being at fault, either completely or partly, negotiations can commence to settle the medical negligence claim. Your solicitor will work with the defendant’s legal representative to reach an agreement on a fair amount of compensation based on the evidence provided.

If the defendant denies liability, your solicitor will need to review their response and any additional evidence they have provided. Based on this information, your solicitor will advise you on the best course of action, which may involve gathering further evidence, seeking additional expert evidence, and getting ready for court proceedings.

How we can help with your medical accident claim

We are always happy to have a chat about any medical accident claim on an informal basis and set out your options.

If the defendant admits to being at fault, either completely or partly, negotiations can commence to settle the medical negligence claim. Your solicitor will work with the defendant’s legal representative to reach an agreement on a fair amount of compensation based on the evidence provided.
If you would a free consultation so that we can assess your claim free of charge and offer guidance on No Win, No Fee funding then give us a call on 0333 888 0412 or drop us an email.
What is the medical negligence process?

Free Consultation

Get your free consultation by:

  1. Phoning our confidential helpline on 0333 888 0412
  2. Sending details of your case to [email protected]
  3. Completing our online form:

How to Start Your Claim

Starting your medical negligence claim could not be simpler.

All you have to do is contact our friendly team for a free consultation. We will then walk you through the process. It's as easy as 1-2-3.

  1. We will assess the legal merits of your case, and tell you if we can assist.
  2. We will explain how No Win, No Fee funding works.
  3. When you are ready to go ahead, we will begin preparing your case.

What our clients say about us

We have over 1,200 reviews and an overall five-star rating on the independent legal review website, ReviewSolicitors.

Here is just a short selection of some of the reviews that our clients have left for our clinical negligence team:

Maddy Lawrence

“With the premature death of our eldest daughter, as it turned out, by clinical negligence, we were facing a very difficult journey both in proving fault and keeping heart and soul together. That we were able to, in terms of the fault element, was down to our professional legal team. They provided clear, calm and compassionate advice which got us through a horrendous inquest and subsequent legal maneuverers. They, in short, were magnificent and we are extremely grateful that we had them on our side.”

Great firm!

“I had an experience with Oliver Thorne who was nothing but helpful with settling my claim. He was very patient and professional as well as making sure I was happy and content throughout the whole process! Would highly recommend him if you’re looking for a solicitor!”

Compassionate, thorough, and outstanding legal support thus far

”Jade was incredibly friendly, taking the time to ask all the right questions and thoroughly investigate our case. Unlike previous solicitors, who dismissed us, Jade and the team at Slee Blackwell delved deeper and gave us renewed hope. We are extremely grateful for the dedication and professionalism in fighting for us. I would recommend Slee Blackwell to anyone in need of legal assistance.”

Mesh claim

“I cannot thank the team enough there understanding and empathy and the knowledge is outstanding. Caroline has been supportive every step of the way, she has informed me and kept me updated how the claim has progressed she has also had great understanding around my mental health and the physical damage I have occurred. I cannot thank the team enough. The team made this experience easier for me to deal with my emotional distress and pain.”

Thank you

“On behalf of all of us, we would like to thank you for your guidance, professionalism, humanity and kindness you have shown us all throughout this process. You have explained everything to us in clear and concise terms throughout and we are extremely grateful. We would have no hesitation recommending you and using your services in future. Thank you.”

Exceptional Service

“I have received expert advice throughout my case, the attention to detail is second to none. Their professional outlook and relatability means that I always recommend the firm. When I was unclear of any information or possible outcomes they took the time to speak with me on a personal level, confirming our conversation through email, I feel supported and understood and most of all they are empathetic, something that is often missing from large firms.”

Friendly, professional, knowledgeable.

“Oliver assisted me in the aftermath of my father’s sudden death in hospital. He helped me to draught my initial letter of complaint to the health authority, represented me and my mother at the inquest and ultimately succeeded in bringing a successful claim. I always felt I could approach Oliver with any questions and he would explain the legal processes in an understandable way. I would not hesitate to recommend him should anyone find themselves in a similar unfortunate position.”

Excellent solicitor

“I cannot recommend this firm highly enough and especially Caroline who is professional approachable and thorough, she works tirelessly and is a real credit to the firm, you are not made to feel like just a number as with other firms, it’s a pleasure to have such an excellent solicitor to represent you when you have gone through so much she is so understanding and knowledgeable.”

10 Reasons to Choose Our Team

  1. We are specialist clinical negligence solicitors who are recommended by the Legal 500 and Chambers and Partners legal guides.
  2. We offer a nationwide service.
  3. We have a five-star ranking on the independent legal review platform, ReviewSolicitors.
  4. Team leader Oliver Thorne is an accredited AvMA panel lawyer.
  5. We have been awarded Lexcel accreditation by the Law Society for excellence in client care.
  6. We offer a sympathetic, understanding and refreshingly jargon-free approach.
  7. We believe that clients should be treated as valued individuals, not a number or just another problem to be solved.
  8. We have close links with independent medical professionals, and can therefore ensure we get the best possible expert input for your claim.
  9. We operate a medical negligence helpline which you can call on 0333 888 0412 for a free, no obligation consultation and case assessment. You can also contact our helpline by email at [email protected].
  10. We fund cases on a no win – no fee basis, so worries about legal costs should not put you off seeking justice.

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