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How is clinical negligence pursued?


The first thing to do in any Clinical Negligence case is to send a formal Letter of Complaint to the treating provider.

The letter is to be sent within 12 months of the date of treatment and must include enough information to enable the provider to understand what has happened and recognise what your concerns are.

Once you have sent the letter of complaint, you will receive an acknowledgement from the treating provider, who will then investigate the matter before providing a detailed response.

The provider may also invite you to attend at face to face meeting, which gives you the opportunity to discuss the matter and ask any questions following their investigation.

For some people, making a complaint and receiving a response to the same allows them to move on from the matter and therefore they will take no further action.

For others, the complaint and response may have highlighted flaws in treatment for which they now wish to pursue a civil claim.

At this stage, it is important that you instruct an experienced Solicitor, like James Murray Solicitors.

We will review the treatment provider’s response and if appropriate, will then request copies of your Medical Records.

The Records will be reviewed in detail before we consider whether to obtain an After the Event Insurance Policy which will enable us to obtain a Medical Report.

We will arrange for your Medical Records to be paginated before locating and instructing a suitable Medical Expert to review the matter and produce your Medical Report.

If the Medical Report is supportive, we will proceed to send a formal Letter of Claim to the Defendant and await their position on liability (i.e. Whether they admit that they have breached their duty of care which caused you injury, or whether they deny the same.)

Once we have received this, we will then consider the matter further and advise you of the steps that will be taken.

Remember that taking legal action can be expensive, stressful and time-consuming.

It’s important to understand that a clinical negligence action is only about claiming compensation.
The court cannot:

  • discipline a healthcare professional
  • force a hospital or individual healthcare professional to change how they work
  • make a healthcare professional say sorry to you.


At James Murray Solicitors our experienced Solicitors will be happy to discuss any potential Claim and concerns at a free 30 minute initial appointment, at which we will provide Advice as to the steps that can be taken and the possible avenues for your to explore.