Making A Clinical Negligence Claim

During this stage your lawyer will send a letter of claim to the negligent medical practitioner or NHS Trust.

If the evidence supports your case, a letter of claim will be sent to the negligent party at the end of the initial investigation (Stage 1).

There is a code of practice, which is used in clinical negligence cases. The Pre-Action Protocol for the Resolution of Clinical Disputes encourages openness when something has “gone wrong” with a patient’s treatment. It provides general guidance and a timed sequence of steps for dealing with clinical negligence disputes.

Once health records and medical evidence have been collected during the initial investigation a detailed letter of claim can be sent to the negligent practitioner or NHS Trust. According to the Protocol, the negligent party must provide a detailed letter of response within three months.

The letter of response may admit negligence, admit part of the claim only or deny the claim. If admissions are made then it is sometimes possible to negotiate settlement of the case without the need to issue court proceedings.

Stage 1 - The Initial Investigation
Stage 2 - Making a Claim
Stage 3 - Litigation - Court Proceedings

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