The Medical Negligence
Claim Process
If you or a loved one has suffered due to poor medical treatment, you may be eligible to claim compensation. Understanding the claim process is crucial before taking your first step.
1
Free Consultation
The journey begins with a conversation. If you think you’ve been a victim of clinical negligence, your first step is to contact us. During this free, no-obligation consultation, you’ll:
- Share what happened and how it’s affected your health.
- Receive an honest, expert view on whether you’re likely to have a valid claim.
- Learn how the process works and what support is available at every stage.
This conversation is about legal viability, but it’s also a chance for you to ask questions and get reassurance. This also applies if you are, for instance, making a negligence claim for your child.
2
Gathering Evidence
This is about building your case with strong, documented proof. Once you decide to move forward, we will begin collecting all the information needed to support your claim. This may include:
- Your full medical records from GPs, hospitals, and specialists.
- Written accounts of what happened and when.
- Statements from family, carers, or witnesses.
- Any correspondence or discharge notes from the healthcare provider.
Your solicitor will coordinate this process, ensuring all relevant records are obtained and thoroughly reviewed. Where required, we’ll also obtain supporting evidence such as appointment logs, imaging reports, or treatment notes.
3
Assess Your Injuries
An independent expert will evaluate the impact of the negligence. To confirm both the cause and extent of your injury, we’ll arrange for an independent medical expert to assess your condition. This is a vital step, as it:
- Confirms whether the care you received fell below acceptable standards.
- Determines if the negligence caused or worsened your condition.
- Identifies any lasting effects on your health, mobility, or wellbeing.
Their report becomes key evidence in your case and also helps us calculate the appropriate level of compensation based on pain, suffering, and financial impact.
4
Present Your Case
We’ll submit your claim and pursue compensation – on a no win, no fee basis. Once the evidence and expert reports are ready, we formally present your case to the defendant, whether that’s an NHS Trust or private provider. This involves sending a Letter of Claim that sets out:
- What went wrong.
- The injuries and losses you’ve experienced.
- Why we believe the treatment was negligent.
- The amount of compensation being sought.
From here, the defendant has four months to investigate and respond. If they admit fault, we’ll negotiate a settlement on your behalf. If they deny liability, we’ll advise you on the next steps – including, if necessary, issuing court proceedings.
We will cover the costs unless we win your case.
No-win-no-fee
24/7 Support
Specialist negligence solicitors
No-win-no-fee
24/7 Support
Specialist negligence solicitors
Am I Eligible to Make a Claim
To bring a successful claim, four key elements must usually be proven:
1
Duty of care
The healthcare provider had a legal responsibility to care for you.
2
Breach of duty
The care fell below acceptable medical standards.
3
Causation
The harm you suffered was a direct result of that substandard care.
4
Damage
You experienced physical, emotional, or financial harm as a consequence.
Is there a time limit?
You usually have three years from the date of the incident or when you first realised negligence may have occurred. Exceptions may apply for children or those lacking mental capacity.
Additional Resources
Who do you want to file a claim against?
Suing the NHS for negligence
Suing the hospital for negligence
Suing my GP for negligence
Suing my dentist for negligence
What’s the reason for your claim?
Suing for malpractice
Suing for misdiagnosis
Suing for delayed diagnosis
Suing for surgical negligence