Making a Clinical Negligence Claim: First Steps

Clinical negligence, often referred to as medical negligence, occurs when a healthcare professional fails to provide care that meets the expected standard, resulting in harm to the patient. If this happens to you or a loved one, you may be entitled to compensation for the pain, suffering, and financial losses caused.

Before contacting a solicitor to explore a potential claim, there are several important steps you can take to help assess whether your claim may be viable and to ensure you’re well prepared for the legal process ahead.

At Hansells, our specialist clinical negligence team regularly supports clients in navigating these complex and sensitive cases. The following is a straightforward guide to help you understand the steps to take if you are considering pursuing a clinical negligence claim.

1. Understand What Clinical Negligence Is

Not every poor medical outcome amounts to negligence. For a claim to be successful, two key tests must be met:

• The healthcare provider failed to deliver the standard of care that a reasonably competent professional would have provided in the same circumstances.
• This failure directly caused you harm or made your condition worse.

Understanding these criteria can help manage expectations from the outset. Medical treatments carry inherent risks, and some complications can occur even when appropriate care is given.

2. Obtain Your Medical Records

Your medical records are central to building a clinical negligence case. They help establish what happened, when, and whether there is evidence of substandard care.

Under the Data Protection Act 2018 and UK GDPR, you are entitled to request your records free of charge. Here’s how:

• Make a written request (email or letter) to the relevant healthcare provider – this could be your GP, hospital, or both.
• Include your full name, date of birth, address, and NHS number (if known), and offer to provide ID if needed.
• Ask for a full copy of your medical records, not just a summary.

Healthcare providers must usually respond within 30 days. Once received, check that the records are complete, as missing documents can cause delays or complications later.

3. Keep a Personal Record of Events

Alongside medical records, your own notes can provide valuable context. Try to keep a clear record of:

• Dates of key treatments or incidents
• Symptoms before and after the alleged negligence
• Conversations with doctors, nurses, or other staff
• Treatment outcomes, especially where treatments failed or caused further harm

This log will help your solicitor build a fuller picture and highlight any inconsistencies in your medical records.

4. Consider How the Negligence Has Affected You

Clinical negligence can have far-reaching effects – physically, emotionally, and financially. Before speaking to a solicitor, take some time to consider:

• Physical injuries: Has your condition worsened? Are you dealing with long-term or permanent damage?
• Emotional impact: Have you experienced anxiety, depression, or trauma as a result?
• Financial losses: Have you lost income, paid for private care, or incurred extra medical costs?

Keeping a record of these impacts (with receipts and payslips where possible) will help assess the potential value of your claim.

5. Be Aware of Time Limits

In most cases, you have three years from the date of the incident – or the date you first became aware of the possible negligence – to start a claim. Exceptions include:

• If the injured person was under 18 at the time, the three-year limit starts from their 18th birthday.
• If the person lacks mental capacity, the time limit may be extended indefinitely.
• In rare cases, a court may allow extra time if new evidence comes to light.

If you’re unsure whether you’re within the time limit, it’s best to seek advice without delay.

6. Understand the Costs of Making a Claim

Legal costs are often a concern for people considering a claim. At Hansells Solicitors, we’re proud to offer ‘no win, no fee’ agreements for clinical negligence cases where we believe there’s a good chance of success.

This means:

• You won’t pay your solicitor’s fees unless your case is successful.
• If successful, a percentage of your compensation (capped by law) will go toward covering legal costs.
• If unsuccessful, you won’t owe us fees but there may be other costs (such as expert reports), which are usually covered by an insurance policy we can help arrange.

We’ll always explain the funding options clearly and make sure you understand exactly what’s involved before you commit.

7. Choose a Specialist Solicitor

Clinical negligence law is complex and requires specific expertise. When choosing a solicitor, look for:

• Experience and specialism: Ensure they focus on clinical negligence and have handled similar cases.
• Professional accreditations: Membership of APIL (Association of Personal Injury Lawyers) is a good sign of expertise.
• Approachability: You’ll be working closely with your solicitor, so it’s important to feel listened to and supported.

At Hansells Solicitors, we offer a free 30-minute consultation, either in person or by phone, so you can meet the solicitor who may handle your case. This is a great opportunity to see if we’re the right fit for you.

8. Understand the Legal Process Ahead

If you decide to proceed, your solicitor will take the lead, guiding you through the key stages:

1. Initial investigation: Reviewing your medical records and obtaining expert opinions.
2. Letter of claim: Setting out your allegations in writing to the healthcare provider.
3. Negotiations: Many cases settle before court. If not, your solicitor will prepare the case for trial.

The process can take 12 to 18 months on average, though more complex cases may take longer. A good solicitor will keep you updated and ensure the process remains as smooth and stress-free as possible.

In Summary

Pursuing a clinical negligence claim can feel overwhelming, but with the right preparation, you can give your case the best possible start. By understanding what clinical negligence means, gathering your records, and keeping detailed notes, you’ll be better equipped when you speak to a solicitor.

At Hansells Solicitors, our experienced team is here to help you through every stage of the claims process, ensuring that you receive the compensation you deserve. If you believe you may have a clinical negligence claim, contact us today for expert guidance and a free initial consultation.