Preparing for a Clinical Negligence Claim: A Step-by-Step Guide

Essential Steps You Should Take to Support Your Clinical Negligence Claim

Bringing a clinical negligence claim can seem daunting, but with the right preparation, you can go through the entire process with confidence.

In this guide, we’ll outline the steps you and your solicitor should take to ensure your claim is well-supported and progresses smoothly.

Understand the Basics of Your Claim

Before taking any action, it’s important to consider the fundamentals of clinical negligence. As discussed in our previous blogs:

1. A claim arises when a healthcare provider breaches their duty of care, resulting in harm.
2. You must prove both the breach and its direct impact on your health or wellbeing.
3. Having a clear understanding of these principles will help you focus on gathering the necessary evidence and identifying where negligence occurred.

You can also read more about this on our Medical Negligence service page.

Go to our Service page

Seek Initial Legal Advice

Consulting an experienced clinical negligence solicitor early in the process can save time and prevent common mistakes. A solicitor can:

1. Assess whether your case has merit.
2. Advise you on the evidence required.
3. Explain the potential compensation you may be entitled to.

Gather and Organise Information Relevant to Your Claim

Strong evidence is the backbone of any negligence claim. As your solicitors, we will take care of much of the evidence collection for you.

Here’s how we can help you:

• Medical Records: You do not need to request your own medical records—we will obtain these on your behalf as part of the claims process. However, if you already have a copy, it’s helpful to share it with us.
• Personal Timeline: While you don’t need to write a full witness statement, providing us with a clear timeline of events can help us understand what happened and how it impacted you. We will assist you in drafting formal statements.
• Receipts and Bills: Keep any records of expenses related to your injury, such as treatment costs, travel expenses, or home adaptations. Being proactive and sharing what you already have will ensure we can begin building your case as efficiently as possible.

Obtain Opinions from Experts

Independent medical experts play a pivotal role in clinical negligence cases. We will arrange for an expert to:

1. Review your medical records.
2. Provide an opinion on whether the care you received fell below acceptable standards.
3. Assess whether the negligence caused or worsened your condition.
4. These expert reports are critical in proving both breach of duty and causation.

Don’t Miss The Time Limit

In England and Wales, strict time limits apply to clinical negligence claims: you generally have three (3) years from the date of the incident or when you became aware of the negligence.

Exceptions apply for children – time starts at 18 years old, and individuals lacking mental capacity.

Acting promptly ensures you don’t miss the opportunity to pursue justice.

Mediation and Early Settlement May Be Your Option

Not all clinical negligence claims need to go to court. Mediation can provide an opportunity to resolve the claim more quickly and with less stress.

Mediation involves negotiations between you, your solicitor, and the defendant (often the NHS or private healthcare provider). Settlements reached during mediation are often less adversarial and can save much time and resources.

Our solicitors will discuss this option with you to determine if mediation is appropriate for your individual case.

The Role of Financial Support During the Process

Pursuing a clinical negligence claim can involve financial pressures, particularly if your injury has left you unable to work.

To support you during this time, your solicitor may help you obtain interim payments. These can be requested if liability has been admitted but the case is ongoing. Interim payments can help you cover immediate costs.

At Phoenix Legal Solicitors, we work on a No win No fee basis, also known as conditional fee basis, meaning you won’t pay legal fees if your claim isn’t successful. You can read more about this on our Fees page or by contacting our firm directly.

More about No win No fee 0151 306 3694

It May be Necessary to Prepare for Court Proceedings

While many claims are settled out of court, some cases may proceed to trial. If this happens:

• Your solicitor will guide you through the court process and prepare all necessary documentation.
• You may need to attend court and give evidence, but your solicitor will ensure you feel confident and supported.

Rest assured that most claims are resolved before reaching this stage, but preparation is key.

Compensation and Outcomes

Compensation in clinical negligence claims typically covers:

1. General Damages: For pain, suffering, and loss of quality of life.
2. Special Damages: For financial losses, such as medical expenses, loss of income, and future care needs.

Your solicitor will explain how compensation is calculated and guide you through the process of valuing your claim accurately.

Stay Informed and Involved in Your Claim

While your solicitor will handle the legal side of things, staying informed about your claim is important. Regular communication with your solicitor ensures you are aware of developments and can provide any additional information they may need.

Focus on Emotional Wellbeing

Revisiting a traumatic medical experience can take a toll on your mental health. You may wish to consider seeking emotional support:

• Counselling or Therapy: Speaking to a professional can help you process emotions and manage stress.
• Support Groups: Connecting with others who have experienced clinical negligence can provide comfort and practical advice.

Your wellbeing is essential. Don’t hesitate to seek help if needed.

Good Preparation Can Help you Navigate the Process

Preparing for a clinical negligence claim requires careful planning, expert legal advice, and a focus on your recovery. With the right support, you can navigate the process confidently and work towards achieving the compensation you deserve.

Our clinical negligence experts at Phoenix Legal can guide you through every step of your claim. Contact us at ab@phoenixlegalsolicitors.co.uk or call 0151 306 3694 to discuss how we can help.

ab@phoenixlegalsolicitors.co.uk 0151 306 3694