Once you have decided to pursue a medical negligence claim, it can help to have a clear picture of how the process works and what happens at each stage. Medical negligence claims follow a detailed, step-by-step structure, with each part of the process designed to build a full understanding of what went wrong during medical care and how that has affected you.

While every medical negligence case is unique, the stages involved are well established. From your first conversation with a specialist solicitor, through to gathering medical records, obtaining independent expert evidence and communicating with the healthcare provider responsible, each step plays a specific role in moving the claim forward.

This guide breaks the stages of a clinical negligence claim down in a clear and practical way. It explains each stage of the claim process in turn, helping you understand what to expect and how your case is progressed once a claim is underway.

A Step-By-Step Guide to the Stages of a Medical Negligence Claim

The medical negligence claim process involves a number of clearly defined stages, each building on the last. To make this easier to follow, we have set these stages out in a visual infographic below, showing how a successful medical negligence claim typically progresses from start to finish.

You can download the infographic as a simple overview of the claim process, or continue reading for a more detailed explanation of each stage and what it involves once your claim is underway.

Step 1: Getting in touch with an expert medical negligence solicitor

The first step in the medical negligence claim process is to consult a specialist medical negligence solicitor. This early stage plays an important role in setting your claim on the right footing, as your solicitor will guide you through each stage of the medical negligence claim process and advise on whether your case can be taken forward.

Medical negligence claims usually involve obtaining and reviewing detailed medical records, expert medical evidence, and careful legal analysis. For this reason, it is advisable to speak to a specialist solicitor with experience of handling medical negligence cases. JMW’s expert medical negligence solicitors are familiar with clinical negligence claims involving NHS organisations, private healthcare providers, and other medical professionals, and understand how to assess whether there has been substandard treatment and if this has caused avoidable harm.

When choosing a medical negligence solicitor, there are several factors you may wish to consider:

• Experience: look for a solicitor with a proven track record of handling clinical negligence cases. Experience in medical negligence claims means they are familiar with the legal tests involved, including duty of care, breach of duty, and causation, as well as the medical terminology and claim process used in these cases.
• Accreditation: check whether the solicitor is accredited by recognised professional organisations, such as the Solicitors Regulation Authority (SRA), the Association of Personal Injury Lawyers (APIL), or Action against Medical Accidents (AvMA). Accreditation can indicate experience and specialist knowledge in medical negligence work.
• Communication: a specialist medical negligence solicitor should be able to explain the stages of a medical negligence claim clearly and keep you informed as your case progresses. It is important that you feel comfortable discussing your medical treatment, the harm suffered, and any concerns you have throughout the claim process.
• Reputation: you may wish to look at reviews, feedback, or recommendations when considering a solicitor, particularly from people who have pursued a medical negligence claim themselves.

Once you have identified a suitable solicitor, the next step is to arrange an initial consultation. During this meeting, your solicitor will review the details of your medical care, consider whether there is evidence of medical negligence, and explain the next steps in the claim process. This consultation also allows you to ask questions and gain a clearer understanding of how your medical negligence case may progress if you decide to proceed.

Step 2: Discussing how your claim will be funded

At an early stage in the medical negligence claim process, we will discuss how your claim may be funded. Understanding the available funding options can help you decide how to move forward and reduce concerns about legal fees while your claim is ongoing.

There are several ways medical negligence claims can be funded, and during your initial consultation we will explain which options may be available to you and help you consider the most appropriate arrangement for your circumstances.

• No win, no fee agreements: most medical negligence claims are funded using a no win, no fee agreement, also known as a conditional fee agreement. This type of agreement means that if your medical negligence claim is unsuccessful, you do not pay our legal fees. If your claim is successful, most legal costs are usually recovered from the defendant, with a capped contribution deducted from your compensation to cover part of the legal work carried out. No win, no fee agreements allow many people to pursue medical negligence compensation without taking on upfront financial risk.
• Legal aid: legal aid is no longer available for most medical negligence claims. It may be available in limited circumstances, primarily for children with birth injury claims that have resulted in severe disability. Legal aid is means-tested and depends on both financial eligibility and the merits of the medical negligence case. Where relevant, we can advise on whether legal aid may apply.
• Legal expenses insurance: some insurance policies, such as those for home or motor insurance, include legal expenses insurance that can be used to fund a medical negligence claim. This type of cover may pay the legal costs involved, allowing you to keep the full amount of any compensation awarded. We can review your insurance documents and advise whether your policy can be used to support your claim.

When deciding how to fund a medical negligence claim, it is sensible to consider your financial position, the likely scope of the claim, and any risks involved. We will talk through these factors with you during the initial consultation and help you decide on a funding arrangement that suits your situation before the claim progresses further.

Step 3: Obtaining your medical records

Once you have chosen us to act on your behalf, the next stage in the medical negligence claim process is obtaining your medical records. Medical records form the foundation of a medical negligence case, as they provide detailed evidence of the medical care you received, the healthcare professionals involved, and how the alleged negligent treatment affected your health.

Medical records allow us to assess whether the standard of care you received fell below what was reasonably expected, and whether that care caused or contributed to the harm you have experienced. They are also required by independent medical experts later in the claim process when providing opinions on breach of duty and causation.

Under the UK General Data Protection Regulation and the Data Protection Act 2018, you have the right to access your medical records. We will gather the medical evidence needed for your claim by:

• Identifying the relevant healthcare providers: this may include hospitals, GP surgeries, or other healthcare providers involved in your medical care during the period of the alleged negligence.
• Requesting your records: we will submit formal requests to the relevant healthcare providers for copies of your medical records. These requests include key information such as your name, date of birth, NHS number where applicable, and the timeframe of the treatment being investigated. Proof of identity may be required to process the request.
• Waiting for disclosure: healthcare providers are usually required to provide medical records within one calendar month, although this can be extended in more complex cases.

Once we receive your medical records, we will review them carefully to identify any evidence of substandard treatment, such as delayed or missed diagnoses, inappropriate medical care, or failures in the consent process. This review enables us to decide whether there is sufficient supporting evidence to move your medical negligence claim forward to the next stage.

Step 4: Getting an independent opinion from a medical expert

As part of the medical negligence claim process, we will instruct an independent medical expert to review the details of your case. Independent medical expert evidence is essential in clinical negligence cases and plays a central role.

The expertise of the medical expert allows them to assess complex medical issues, identify the standard of care that should have been provided, and consider whether there have been medical mistakes or substandard treatment (negligence) and if so, how this has affected you (causation). At a later stage, expert evidence may also be used to comment on the extent of your injuries, your prognosis, and any ongoing or future treatment needs, which assists when valuing a medical negligence claim.

To obtain an independent medical expert opinion, we will:

• Identify a suitable medical expert: the expert will have specialist knowledge in the relevant field of medicine and experience of dealing with similar medical negligence cases. They must be independent, with no prior involvement in your medical care or the alleged negligent treatment.
• Provide the expert with relevant documentation: this includes your medical records and any other supporting evidence needed to allow a full and informed review of your medical treatment.
• Obtain a written medical report: the expert will prepare a detailed report setting out their opinion on whether there was substandard care and how this has affected you. The report may also address prognosis, long-term effects and future care needs.

It is important to be aware that independent medical expert evidence does not always support a claim. An expert may conclude that the care provided met an acceptable standard, or that any negligence did not cause any harm. If this happens, we will explain the expert’s findings clearly and advise you on whether your medical negligence claim can continue, whether further evidence may be needed, or whether it would be appropriate to bring the claim to an end at that stage.

Step 5: Valuing the claim

Once we have gathered the necessary evidence and established the key elements of your medical negligence claim, the next stage is to assess its value. Valuing a medical negligence claim involves considering the harm you have suffered as a result of the alleged negligent treatment and how it has affected your life.

Compensation in medical negligence claims is generally divided into two categories:

• General damages: these reflect the pain, suffering, and loss of amenity caused by medical negligence. This includes physical injury and psychological injury, as well as the wider impact on your quality of life, such as reduced independence, changes to daily activities, or being unable to continue hobbies or work as before.
• Special damages: these relate to financial losses and expenses arising from the negligent medical care. This can include the cost of medical treatment, rehabilitation and ongoing care, loss of earnings, treatment-related travel expenses, and any adaptations needed to your home or daily living arrangements as a result of your injuries.

When valuing a medical negligence claim, we will consider a range of factors, including:

• The severity and nature of the injury or injuries caused by the negligence.
• The impact of the medical negligence on your day-to-day life, independence, and wellbeing.
• Your age and likely future needs, including whether ongoing care or support is required.
• Financial losses already incurred and any losses likely to arise in the future.

After reviewing the medical evidence, expert reports, and financial information, we will assess the value of your claim and explain how this has been calculated. This valuation provides a framework for discussions with the defendant and will guide negotiations if liability is admitted.

Every medical negligence case is different, and compensation is assessed based on individual circumstances rather than a fixed formula. By working closely with us and providing full details of how the negligent treatment has affected you, we can ensure that your claim is valued as accurately as possible before it progresses to the next stage.

Step 6: Presenting the case to the defendant

Once we have gathered all the necessary evidence, the next stage in the medical negligence claim process is to present your case to the defendant. This is done by sending a letter of claim, which formally notifies the healthcare provider or organisation that a medical negligence claim is being pursued.

The letter of claim sets out the full details of the medical negligence case. This includes the allegations of negligent treatment, an outline of the harm suffered, and the supporting evidence relied upon. It also explains the basis of the claim and the losses arising from the alleged negligence. The letter is prepared in line with the Pre-Action Protocol for clinical negligence claims.

The letter of claim is usually sent to the defendant’s legal representatives, or directly to the relevant NHS organisation or private healthcare provider. It acts as formal notice of the claim and gives the defendant the opportunity to investigate the allegations fully. Once the letter of claim has been received, the defendant must acknowledge it within 14 days, confirming that they have received the letter and that investigations are underway.

This stage marks the point at which the defendant becomes formally involved in the medical negligence claim and begins their own review of the care provided.

Step 7: Letter of response - denying or accepting responsibility

After receiving the letter of claim, the defendant has up to four months to investigate the allegations and provide a formal letter of response. During this period, the defendant will carry out their own investigation into the medical negligence claim, usually with the support of their legal representatives. This may involve reviewing your medical records, instructing medical experts, and gathering any additional evidence they consider relevant.

The letter of response sets out the defendant’s position on the allegations of medical negligence. It will confirm whether liability is admitted or denied and may include further information or evidence obtained during their investigation. There are several possible outcomes at this stage of the medical negligence claim process:

• If the defendant admits liability, either in full or in part, discussions can begin to resolve the clinical negligence claim. We will enter into negotiations with the defendant’s legal representatives, using the medical evidence and expert reports to work towards an appropriate resolution.
• If the defendant denies liability, we will review the response carefully, including any expert evidence they rely on. We will then advise you on the available options, which may include obtaining further medical expert opinions, gathering additional supporting evidence, or preparing for the possibility of court proceedings.
• In some cases, the defendant may make a settlement offer as part of their response. We will discuss any offer with you and advise on how it compares with the evidence and the assessed value of your claim. If the offer does not reflect the harm suffered, negotiations may continue, or the claim may progress to the next stage if an agreement cannot be reached.

Step 8: Preparing for court proceedings if necessary

If the defendant denies liability, or if negotiations do not lead to a satisfactory settlement, it may be necessary to issue court proceedings. Although most medical negligence claims resolve without a trial, this stage ensures that your claim continues to progress where agreement cannot be reached.

Even after court proceedings have been issued, many medical negligence cases still settle before reaching a court hearing. Issuing proceedings does not mean that a trial is inevitable, but it allows the claim to move forward within a formal legal framework.

If court proceedings are required, we will take the following steps:

• Issuing court proceedings: we will formally start legal proceedings by filing a claim form and particulars of claim with the court. These documents set out the allegations of medical negligence, the harm suffered, and the basis of the claim.
• Serving the claim on the defendant: the claim form and supporting documents are served on the defendant, who then has a specified period to file a defence. The defence will outline its response to the allegations and any evidence it intends to rely upon.
• Preparing the case: we will continue to work with you to prepare the case, which may involve gathering further evidence, instructing additional independent medical experts, preparing witness statements, and reviewing financial information to support the claim.

Throughout the court proceedings, we will explain each stage of the process, advise you on your options, and keep you informed of any developments. We will also work closely with barristers, medical experts, and other professionals involved in the claim to present your clinical negligence case clearly and effectively, while continuing discussions with the defendant where appropriate.

Step 9: Getting ready for trial

If a medical negligence claim proceeds to trial, we will instruct an experienced barrister to represent you and present your case to the court. Trials are relatively uncommon in clinical negligence cases, but it is still helpful to understand what this involves.

A medical negligence trial usually includes the following stages:

• Trial: both sides present their case to the judge. This includes opening submissions, witness statements, expert medical evidence, and closing arguments. The court will consider the evidence from medical experts and other witnesses to decide whether the standard of care fell below what was reasonably expected and whether this caused the harm suffered.
• Judgment: after hearing all the evidence, the judge will give a decision on whether the defendant is legally responsible for the alleged negligent treatment. If liability is established, the court will determine the appropriate outcome based on the evidence presented.
• Appeal: if either party disagrees with the judgement, they may have the right to appeal the decision to a higher court, subject to certain criteria and time limits.

Throughout this stage, we will continue to guide you through what to expect, explain the court process in clear terms, and make sure you are supported at each step. We will work closely with the barrister and medical experts involved to ensure your medical negligence case is presented clearly and based on all the available evidence.

While going to trial can take time, most medical negligence claims conclude before reaching this point. Where a trial does take place, it forms part of the structured legal process used to resolve clinical negligence disputes when agreement cannot be reached earlier.