The Medical Negligence Claim Process Explained

Making a medical negligence claim can seem daunting initially. But you are entitled to proper healthcare, as well as justice for what you’ve been through if it goes wrong.

Cases like these can cause serious suffering. You may be left with new injuries, as well as a potentially untreated initial medical condition. If your experience of medical negligence occurred within the last three years, you may be able to go ahead with a claim for compensation to help get you back to the position you were in before it ever happened.

When it comes to the process of making a medical negligence claim, a few steps are all you need to do to help get you on the road to recovery.

Contact First4Lawyers

The first step is to just get in touch with the team here at First4Lawyers for a free initial discussion of your circumstances. You can just give us a call, request a call back or start your claim online and we’ll get back to you when it’s convenient.

During your conversation with us, our friendly and understanding claims advisors will assess whether you have a claim. We will discuss your options for funding your claim – including no win no fee, where applicable.

If you decide to proceed with a claim, we will match you then and there to an expert medical negligence solicitor to take your case forward. If you’re unable to speak to your assigned solicitor, we will arrange a call back with them at a more convenient time for you.

Investigate the case

Your solicitor will then begin the process of investigating your claim. This will involve obtaining your medical records from the doctor or hospital that treated you negligently.

They may assign a medical expert to review your records to give their opinion on whether you received substandard treatment and if it was responsible for the injuries you suffered.

During the investigation stage, your solicitor may also obtain a prognosis for your condition. This will show how you will continue to be affected by the substandard care you received.

Manage your claim

Following the investigation, your solicitor will then write a formal Letter of Claim to the surgery or hospital that treated you. This will set out the details of what happened – and therefore the basis of your claim against them – to the healthcare provider. They will then have four months in which to respond.

In the event they accept liability, your solicitor will then negotiate with them to reach an appropriate settlement for you. Our compensation calculator will give you a rough idea of what you may be entitled to for your injury.

However, if they deny liability, your solicitor may issue proceedings. This means your claim could go to trial. However, in most cases, it won’t actually end up in court. Defendants typically settle in advance of the trial, but this can often happen during the week of the trial date – sometimes even the day you’re due in court.

A medical negligence claim can take between 12 and 18 months to settle. However, the more complex cases can take longer, while more straightforward, uncontested cases will typically conclude sooner.

For more information on how long your case may take, just get in touch.