The medical negligence claims process

When you contact us, our specialist team will take details of what happened. We will provide you with a free, no obligation assessment of your case. After the assessment, we’ll let you know if:

• we can take on your case
• your claim can be dealt with on a no win no fee basis

If you ask us to open the case, you will be assigned to a medical negligence solicitor and we will start preparing the claim. This usually involves:

• taking a witness statement from you
• getting copies of your medical records
• gathering any national or local guidelines

We will then prepare a formal letter to send to the person or organisation you are bringing a claim against (the defendant). This letter will contain the details of the claim and the allegations of negligence. It will also invite the defendant to admit negligence (fault).

If they do not admit fault, your solicitor will instruct independent experts to prepare reports on your case. These reports will investigate in detail whether the care you received was negligent.

When we have received and reviewed all the expert evidence, your solicitor will work out how much compensation you should get. To do this, they consider previous cases that have settled or gone to trial, and guides used by judges. They will also consider:

• what pain, suffering, injury or loss the negligence has caused
• what your current condition is and how you will be affected in the future

Your solicitor will usually draft a document called a Schedule of Loss, which breaks down the compensation claim.

In many medical negligence cases this will include:

• the cost of future medical treatment
• rehabilitation support
• travel and care needs
• changes needed to home and work environments
• loss of earnings or income
• expenses you’ve already had to pay for

Your solicitor will start negotiations with the other side. Your solicitor may send the expert reports and the Schedule of Loss to the defendant and advise you, if appropriate, to make an offer to settle the claim at this stage.

The defendant will usually take up to 4 months to investigate the claim and then respond.

Once they respond, your solicitor will advise you what your options are and the best way forward. The next steps will depend on the defendant’s response.