How to make medical negligence claims
Get advice by a specialist medical lawyer for
We will be able to advise you on whether you may have a medical
negligence claim, however this section will help you to understand
what is required in making a medical negligence claim - and whether
you wish to seek financial medical compensation or just make a
Seeking financial medical compensation
Legal action is about making a claim for financial
compensation for the injury that you have suffered. If you do not
want to claim medical compensation then it may be more appropriate
to use the complaints procedure. Download our information sheet on
'How to complain about a healthcare
for more details.
To bring a medical negligence claim you have to show two
- That your treatment was substandard
- That the substandard treatment has caused you significant
You cannot automatically claim medical compensation simply
because something has gone wrong. There are complications which
happen sometimes that a court would not think were negligent.
Initial investigation of a medical negligence
There are a number of steps we follow to fully investigate a
- We apply for copies of your medical records. Some people do
apply for their records themselves. Download our information sheet
How to access your medical records' for more information.
- We make sure that we have all the relevant records and get
these properly sorted and numbered.
- We prepare a statement which explains what happened to
- We ask an independent medical expert to review your treatment.
Sometimes the expert needs to see you and sometimes they can report
without seeing you.
- In some cases we can advise on the strength of your case with
one medical report. In other cases we need to get more than one
medical report before we can advise you on how strong your case
- If your case can proceed we will then put together details of
your claim for financial loss and expense and your injuries.
- We will then put your case to the defendants to see if they
will admit that the treatment was substandard and has injured
1. If you have to pay for something because of what has happened
it is important that you keep a record of it (and preferably a
receipt), as this will help to prove that expense has been
2. It also helps if you can keep a diary of what happens in
relation to medical treatment and how you feel about what is
3. If you have obtained copies of your medical records please do
not write on them or mark them in any way.