How to make a medical negligence claim

If you or a loved one has been the victim of medical negligence, call a member of our team on 0117 239 8012 for a free initial consultation. Alternatively, fill out our contact form and one of our specialist lawyers will call you back.

We will tell you if we think you have a claim and how we would go about pursuing that claim on your behalf.

It is important that you get in touch with us as soon as you can. Strict time limits apply to medical negligence claims, so it is always better to start sooner rather than later.

Step 1

The initial consultation

What we need to know from you:

  • Whether the medical negligence involved you or a member of your family
  • What went wrong
  • The date of the treatment in question
  • What happened as a result of the negligence

We will advise you on:

  • Whether or not we think you have a claim
  • How strong your claim is
  • The types of funding available to you
  • What you need to prove to be successful in your claim
  • How we would go about investigating your claim
  • The likely timescales involved
  • Anything about your claim that is concerning you or which you don’t understand.

This first consultation is free and you are under no obligation to then instruct us to handle your case for you.

Step 2

Investigating your claim

If we think you have a claim we will discuss funding with you and put in place a funding agreement that best suits your particular needs. Have a look at our no win no fee page.

Once funding in place we will need to obtain copies of your medical records, establish who is responsible for your injuries and obtain expert medical evidence on the treatment you received and the injuries you sustained.

We will also need to consider what financial losses you have incurred as a result of the negligence.

Step 3

Notifying the Defendant of your claim

Once we have sufficient evidence we will send an initial letter to the person or hospital responsible. This “Letter of Claim” will set out the allegations of negligence and the potential value of your claim.

The insurer for the person or hospital responsible will then get involved and either they or their legal advisors will provide a letter in response. That letter should say whether the claim is admitted in full, admitted in part or denied entirely.

Step 4

Negotiating settlement

At this point we will try to negotiate settlement on your behalf. This usually involves letters, conversations and meetings to try to agree a sum of money (and any other terms) that will bring the case to an end.

If your opponent does not agree to pay any compensation then we may need to issue court proceedings. This does not mean that your case will necessarily lead to a court hearing. In fact it is very rare that medical negligence cases go all the way to a trial. It is far more common for settlement to be negotiated before that stage is reached.

We will give you expert advice on each step of proceedings along the way.

Step 5

Concluding your claim

If your claim is successful

We shall send you your compensation as soon as it is received from the Defendant. We can also offer you expert advice on investing that money, and on its effect on any income-related benefits you or your family receives.

If your claim is unsuccessful

Unfortunately, not all claims can succeed.  If for any reason your claim is not successful and you are not awarded any compensation then there will be no cost to you in bringing that claim.

Key contacts

Zoom Cpp Snapshot

Ince Metcalfes raises £700 for Cerebral Palsy Plus Charity

March 02, 2021

Ince Metcalfes' Clinical Negligence team hosted a charity quiz night for Cerebral Palsy Plus (CPP); a Bristol-based charity working with children and adults with Cerebral Palsy, their families and the...

Bd Medical Negligence

Why do medical negligence claims take so long?

July 21, 2017

At the outset of any medical negligence claim, whether against a hospital trust, a private surgeon, a GP or a dentist, the solicitor conducting the case on behalf of the Claimant should provide their ...

Sepsis Logo Final

SEPSIS - A delay in diagnosis

August 07, 2018

In England there are around 123,000 cases of sepsis a year with around 37,000 patients sadly passing away as a result of the condition. Source NHS UK. Early treatment has proven to be critical to figh...

arrowarrow-leftburgerLarge M Inc BD Logo - transparentchevroncloseUntitled-2iconmonstr-facebook-6 (1)tick