How to Prepare to File a Clinical Negligence Claim

Making the decision to file a clinical negligence claim can be difficult and overwhelming. Given their personal nature and the extent of damages, clinical negligence cases have the tendency to be emotionally taxing and complex. Fortunately, there are many ways to prepare prior to filing the claim that can make the case feel less burdensome. Additionally, finding a reputable company that can walk you through each phase of the process will ensure a better outcome and less overall stress.

Determining Whether You Have a Case

There are quite a few misconceptions about clinical negligence. One is that such claims can be filed for any type of personal injury that occurs due to a medical procedure. Whilst it can be tragic to experience a personal injury after undergoing a medical procedure, the injury in and of itself is not sufficient to file a clinical negligence claim.

In order to file a clinical negligence claim, there are two criteria that must be met. The first point is that a healthcare provider such as a doctor, nurse, or dentist must have acted in a way that was unreasonable and irresponsible. Second, as a direct result of their negligence or irresponsible behaviour, they caused you or a loved one to experience a personal injury. In other words, a personal injury was caused due to a healthcare provider’s negligence. Unless these two criteria are met, a clinical negligence case cannot be filed.


Many people feel that any personal injury after a medical procedure warrants a clinical negligence case. Unfortunately, the courts do not agree. The prosecutor must show that the provider acted irresponsibly or in a way that was negligent. This means that the provider did not follow best practice procedures in their field. Since the medical field has such best practice procedures, certified providers are required to follow specific guidelines. Negligence refers to when they do not follow these guidelines and make irresponsible choices that would be considered unreasonable. Understanding this distinction is crucial and will ultimately determine whether you have a case or not.

There are many different types of clinical negligence cases. Claims can range from birth injuries to orthopaedic injuries, and they can be for adults or children. One important reminder is that for adults, claims must be filed within three years of the time the incident occurred. On the contrary, claims for children do not have to fall within the three-year limit. As long as a claim is filed by the time the child is 18 years of age, it is valid.

Prior to consulting with solicitors, it may be helpful to determine whether the two criteria are met, whether the claim falls within the time limit, and which type of claim you would like to file. Do not be discouraged if you are unable to gather all of the aforementioned information. The reality is that it can be difficult to determine if you have a case on your own. Ultimately, it is essential to consult with reputable compensation solicitors who are well-versed in the law. Consulting with a reputable firm can help ensure that all information is taken into account and is accurately considered before they decide to completely dismiss the claim. More often than not, it is those who do not think they have a case that actually do have one. When in doubt, ask an expert.

Gavel and Stethoscope on Gradated Background with Selective Focus.
Gavel and Stethoscope on Gradated Background with Selective Focus.

Qualities of Reputable Solicitors

As mentioned previously, determining whether you should file a clinical negligence claim may be challenging. Consulting with a reputable firm can be of significant benefit. Solicitors can quickly evaluate whether your situation meets the criteria and they can provide support and expertise throughout each step of the process. The following is a brief overview of certain qualities of a reputable firm.

When looking for reputable solicitors, there are many factors to keep in mind. The primary factor is their level of expertise. Reputable solicitors have extensive experience and have filed many clinical negligence claims. Experienced solicitors have a substantial knowledge of clinical negligence laws. Furthermore, they have knowledge of the medical field and can easily identify when best practice procedures were violated. Typically, it is best to work with a company that specialises in clinical negligence.

Another factor to look at is reputation. Reputable solicitors are described as professionals, experts, and efficient. They are well known in the industry for their expertise in clinical negligence. Moreover, their previous clients give them testimonials and praise for the way they handled their cases. Testimonials and awards provide valuable feedback about a firm’s reputation.

Lastly, another quality to look for is a firm’s ability to be empathetic and understanding. As you describe your case, they will ask questions in a non-judgemental way. Reputable experts such as Mintons clinical negligence compensation solicitors will make you at ease and reassure you that you are in good hands. Being able to have confidence in solicitors’ abilities is important.

Looking for certain qualities in a firm will help you make an informed decision about whom to work with and what you can expect from them. The initial consultation can provide an opportunity to assess for specific qualities as well.

The Initial Consultation

Initial consultations with solicitors are typically free. During these initial consultations, the solicitors will speak with you about your case and ask guided questions to get enough information. In order to be fully prepared, it is important to have the information organised when you speak to the solicitors. Prior to the consultation, it is recommended to have the date of the incident, the specific injury, and concrete examples of how the doctor acted negligently. When describing the injury, it is essential to include detailed information about how the injury has affected you or your loved one’s functioning and any expenses related to loss thereof. After the consultation, the solicitor will investigate whether a claim should be filed and you can get a feel for whether you want to proceed as well.

Brief Summary

Ultimately, filing a clinical negligence claim does not have to be stressful. Overall, consulting with a reputable clinical negligence firm that has extensive experience in filing clinical negligence claims can put you at ease. Reputable solicitors should make you feel confident in their abilities to provide expert advice and support.