We set out below the general procedure for clinical and medical negligence claims. Not all aspects will apply to every case. We will advise you in detail and guide you through the process of your claim.

An initial no fee, no obligation telephone conversation with one of our Nurse Advisers who will obtain details of your potential claim.
↓
Our team of specialist clinical negligence solicitors review your case and we tell you whether or not we can take it on.
↓
You meet with one of our Nurse Advisors when funding options are discussed and agreed. Remember with our unique costs guarantee you will pay nothing whether you win or lose your claim and you will always receive 100% of your compensation.
↓
You meet your nominated lawyer who will obtain relevant information including your medical treatment history and details of the problems that you have experienced.
↓
We prepare a written statement of the history of your medical treatment, which we ask you to approve.
↓
We obtain all of your relevant medical records from all of your treating doctors and hospitals.
↓
We send the written statement and the medical records to a suitably experienced qualified and independent medical expert.
↓
If the expert’s opinion is that sub standard care was provided to you, we will obtain a further independent expert’s medical opinion on whether this substandard care has in fact resulted in any injury and if so to what extent.
↓
We advise you whether or not you have a claim that can be pursued and if so what compensation you can expect to receive if it succeeds.
↓
If the claim cannot be pursued, you owe nothing.
↓
If the claim can proceed we meet with all of the medial experts and a barrister, who also specialises in medical and clinical negligence claims, to discuss and agree how best to pursue the claim.
↓
We send a formal Letter of Claim to the Defendant that sets out details of your claim.
↓
The Defendant’s Solicitors have 3 months to respond to the Letter of Claim. When they respond, if the claim is admitted, we negotiate a fair and reasonable amount of compensation for you.  You will have nothing to pay and will receive 100% of your compensation.
↓
If it is not possible to settle the claim at this stage, court proceedings will be started.  We prepare the necessary court papers including Particulars of claimThis is the document that sets out the basis of your claim and which is filed with the court and sent to the Defendants when court proceedings are issued. It needs to set out the circumstances giving rise to the claim, why your opponent is thought to be liable and must be accompanied by medical reports setting out your injuries and a schedule setting out details of your out of pocket expenses and other financial claims, i.e. special damages. and then issue a Claim formThe document that must be filed with the court and served on the opposing party in order to commence a legal claim. on your behalf.
↓
The Defendants have one month to file their detailed response to your claim (the DefenceThis is the document that your opponent’s lawyers prepare and which sets out the reason why they dispute your claim )
↓
The Defendants may want you to meet with their medical experts.
↓
We attend the court with the Defendant’s solicitors and a Judge to decide how the claim should proceed and to set a timetable for all of the steps that are to follow leading to a full court hearing known as a trial.  This is the Case management ConferenceA hearing before a Master or District Judge at which he/she sets out timetable for the steps that are to be taken by the solicitors for both parties before the case can be tried by a Circuit or High Court judge .
↓
The court fixes a date for the trial.
↓
Both parties exchange a list of all documents that they have that relate to the claim ( DisclosureThis is the stage in the proceedings when we have to disclose to your opponent all the documents you have in your possession that are relevant to your claim )
↓
Both parties exchange copies of all signed written statements from all witnesses whom they intend to call to give evidence at the trial (e.g. you, the treating doctors etc).
↓
Both parties exchange copies of reports from all of the experts that they intend to rely on at the trial, dealing with Breach of dutyThe issue as to whether or not you received sub standard care and CausationThe issue as to whether or not any alleged sub standard medical care has caused injury and if so, to what extent issues.
↓
We send to the Defendants a Schedule of lossA document that is prepared by the Claimant’s solicitor and which sets out full details of the claim for economic loss (i.e. special damages and future loss) setting out your claim for financial losses.
↓
The Defendants serve a Counter scheduleA document that is prepared by the Defendants’ solicitors and which responds to the Claimant’s setting out their response to your claim for financial losses.
↓
The medical experts for both parties meet and prepare a joint statement setting out the points that they agree about and the points that they disagree about.  It is at this stage that we know for certain the precise nature of the Defendant’s case.
↓
Before the trial date it is possible for you to make a formal offer to the Defendants to accept a particular sum in settlement of the claim.  Similarly the Defendant can make an offer to you (known as a Part 36 offerA formal offer to settle a claim, which is made by one party to another in writing. If the offer is rejected and the eventual award made by the court is no more favourable, the party who rejected the offer will be at risk of meeting both side’s costs of the case even though they won. Either party can make a Part 36 offer at any time, even before court proceedings have been issued ). We will advise you on the suitability of any offers that are made.  If your claim settles because an offer is acceptable, you will have nothing to pay and will receive 100% of your compensation.
↓
The Trial.  If it proves impossible to settle the claim it will be necessary for it to be decided by a Judge at the end of a trial.  There is no jury in a clinical or medical negligence claim.
↓
If you win you will be awarded compensation by the Judge. We guarantee that you will receive all of the compensation that is awarded.  See our unique costs guarantee.  The Judge will also order the Defendants to pay the legal costs and expenses.  You will have nothing to pay.
↓
If you lose we will consider the Judge’s reasons very carefully and then advise you if there is any possibility of a successful appeal.  If no appeal is possible that will be the end of the case.  But you will owe nothing.

Choose The Experts To Help You

Your expert clinical and medical  negligence solicitor will guide you through every step of your claim. If you would like Gadsby Wicks on your side, complete our online enquiry form or call us free on 0800 321 3112 for a no cost, no obligation discussion with one of our nurse advisers.