You might be thinking about starting legal action against a negligent healthcare provider but could have concerns about the length or complexity of the process. Our guide to the stages of a medical negligence claim will give you clear and helpful insight into how the claims process works.
This step-by-step guide covers important actions to take before starting a claim. We additionally cover the stages of pre-action protocol, which must be carried out in order to prevent a case from needing to go to court.
We also explain why having legal representation from our expert medical negligence solicitors helps to keep the process running as smoothly as possible.
You can learn more about making a claim under No Win No Fee terms, and whether one of our solicitors could help you through the stages of a case, by speaking to an advisor. They can provide free, useful advice and a detailed assessment of your potential claim. You can get started any time by either:
- Calling us on 0800 073 8804.
- Asking about your claim online so we can get in touch.
- Using the live support option below.
Select A Section
- What Are The Stages Of A Medical Negligence Claim?
- What Are The Stages Of Pre-Action Protocol For Medical Negligence Claims?
- Will My Medical Negligence Claim Need To Go To Court?
- Could A No Win No Fee Solicitor Help Me Through The Stages Of A Medical Negligence Claim?
- More Resources On Medical Negligence Claims
What Are The Stages Of A Medical Negligence Claim?
A claim will go through pre-action protocol, which is intended to allow a case to be investigated, discussed and hopefully resolved in a timely fashion. The case may need to go to court if pre-action steps do not result in an agreement.
However, there are some steps you should consider before these stages of a medical negligence claim begin.
Step One: Discover If You Are Eligible To Make A Claim
The first key question to answer is: do you have a valid clinical or medical negligence claim?
Medical negligence means that care from a medical professional has deviated from the expected professional standards and caused avoidable harm.
Medical negligence cases against healthcare providers for negligent care must show that:
- A healthcare professional owed a duty of care.
- They did not provide care at a level expected of a competent professional.
- Their breach of duty meant the patient suffered harm that could otherwise have been avoided.
A quick and effective way to learn if you have a valid claim is by calling the number at the top of this page. By calling and talking to one of our friendly advisors, you can discover whether you have a valid medical negligence compensation claim.
Remember, the onus is on you to prove that the eligibility criteria above have been met, so it is important to collect as much supporting evidence as possible.
Step Two: Collecting Evidence Of Medical Negligence
The evidence required to prove medical negligence includes:
- Medical records, which we cover in more detail later in this guide.
- A statement or diary that explains how substandard medical treatment affected you.
- Witness statements from anyone who saw the negligent treatment take place. As such, you should collect the contact details of anyone who attended appointments with you.
If instructed, our solicitors can help claimants gather evidence during the clinical negligence claims process.
As well as providing a free case assessment, our advisors can offer guidance on what evidence you can start looking for before your claim begins. Please don’t hesitate to call if you’d like to know more.
Step Three: Deciding Whether To Seek Legal Advice
Once you have a good idea of how strong your claim is, you should decide whether you want legal representation. You are not legally required to do so, but you may find it’s worthwhile to seek representation from a medical negligence solicitor.
Having a specialist solicitor on your side is useful for much more than gathering evidence. They can also:
- Submit any relevant claim form correctly and within the legal deadline.
- Help establish liability by making sure your evidence is presented effectively.
- Negotiate with the healthcare provider or their legal representatives on your behalf.
- Ensure you receive a suitable settlement in the event of a successful claim.
- Provide advice through all the stages of a medical negligence claim.
If you have a valid case and want the support of an experienced legal expert, our advisors could connect you to one right away when you call.
What Are The Stages Of Pre-Action Protocol For Medical Negligence Claims?
In this section, we cover seven elements of Pre-Action Protocol for the Resolution of Clinical Disputes that make up key stages of medical negligence claims.
Obtaining Health Records
Ultimately, medical negligence claims depend on showing that substandard care happened and caused some degree of avoidable harm. The best way to do this is through health records, which can be obtained from your GP or other healthcare provider.
Medical reports can show what actions the medical professional took or failed to take while you were under their care. They can also highlight the treatment you received after you were affected by substandard care and what diagnoses you were given.
Obtaining records is also important to show that new conditions have developed, or existing issues have worsened.
Rehabilitation
During an initial consultation about the claim, all parties can discuss whether you have reasonable needs that can be met by medical treatment or another form of rehabilitation.
For example, if you were suing a hospital for unnecessary surgery but had an urgent need for rehabilitation, parties could discuss an arrangement for you to undergo physiotherapy.
Letter of Notification
Once you are ready to commence legal proceedings, the next step is to send a Letter of Notification to the defendant. This letter should explain that you are considering legal action. This allows the claimant to respond, which they must do within 14 days of receipt, and consider whether investigation is needed.
Letter of Claim
A Letter of Claim is more detailed than a Letter of Notification. It should give a clear summary of the alleged negligence and the facts you have based the case upon. It should also detail the physical harm, emotional suffering or financial loss you have experienced.
This letter should allow the defendant to start further investigation, if required, and prepare their Letter of Response.
It is worth noting that our solicitors can take care of sending letters to the defendant, or can help you write them. Just call our free helpline to discuss how a solicitor could help you claim against a medical practitioner.
Letter of Response
The defendant, or the legal team handling their case, should send the Letter of Response within 14 days of receiving the Letter of Claim. In this letter, they can respond by accepting or denying liability. They may also attempt to settle and propose how much compensation they are willing to offer.
If they do not accept fault for medical negligence, they should explain what disputes they have with the evidence presented by the claimant or the information they have provided.
Expert Evidence
As part of the medical negligence claim process, you will need to seek expert testimony. This will contribute to the medical evidence submitted as part of your case. If you work with a solicitor, they can arrange an assessment from an independent medical expert.
In certain cases, the Bolam Test may also be required, where relevantly trained medical experts determine whether your care met the correct standard.
Alternative Dispute Resolution
An Alternative Dispute Resolution (ADR) is a method of ensuring that the matter can be resolved without commencing proceedings in court. This might mean negotiation, arbitration by a third party, or other means.
A resolution could be reached regardless of whether a defendant admits liability or not, if all parties agree that it is best to resolve the dispute without going to court.
Will My Medical Negligence Claim Need To Go To Court?
When considering the stages of a medical negligence claim, it is possible that your case may need to go to court. However, the truth of the matter is that the vast majority of cases are resolved before ever reaching the courts.
Particularly complex cases, or claims where the claimant and defendant are in total disagreement, might need to be heard in court. Outside of these specific circumstances, both parties will typically find a solution during the ADR stage of pre-action protocol.
Our expert solicitors will always look to resolve the case in a way that gives you the most successful outcome possible. Call today to learn if you have a valid case and you could be connected to a solicitor for dedicated legal guidance.
Could A No Win No Fee Solicitor Help Me Through The Stages Of A Medical Negligence Claim?
The medical negligence claims process may seem complicated at first glance. However, our solicitors use their knowledge and experience of cases to help claimants through all stages of a medical negligence claim with minimal hassle.
Our medical negligence solicitors offer their services under a Conditional Fee Agreement, which means that you do not pay a solicitor fee upfront or during the course of the claim.
As it is a type of No Win No Fee agreement, you would not cover the cost of legal fees at all if the claim failed.
Winning the case would mean that you receive financial compensation. Your solicitor would collect a success fee, but a legal cap set out by The Conditional Fee Agreements Order 2013 means that they can only take a small percentage of the payout.
Contact Us
You can learn more about claims against medical professionals and how the claims process works by getting in touch with our team. An advisor can provide guidance and evaluate your case to see if you could start a medical negligence claim.
If you have a valid case, you can be connected to one of our specialist medical negligence solicitors for expert legal guidance. However, there is no obligation and contacting us is completely free, so you have total freedom to choose the right path for you.
You can get in touch today through any of these routes:
- Call 0800 073 8804.
- Write to us about your claim online and pass on some contact information.
- Speak to an advisor immediately through the live chat tab below.
More Resources On Medical Negligence Claims
You can learn more about making a clinical negligence claim through these helpful guides:
- Our compensation calculator guide provides some insight into the compensation you could be awarded if you have a valid and successful claim.
- We look at prescription error compensation claims and how to sue healthcare professionals responsible for negligent medication mistakes.
- We also discuss how to make a complaint about medical negligence as well as claiming.
These resources could also be useful to you:
- Helpful annual statistics on clinical claims from NHS Resolution.
- Detail on Statutory Sick Pay from GOV.UK.
- The General Medical Council, a regulatory body for doctors, explains how to raise concerns about a doctor’s conduct.
Thank you for reading our guide. Just call if you’d like more information on the stages of a medical negligence claim or to discuss your potential case.
