What happens during a medical negligence claim investigation?

The medical negligence claims process is more common than many realise. In 2024/25, the national body responsible for handling clinical negligence, NHS Resolution, received 14,428 new clinical negligence claims, marking a 4.7% increase from the previous year. That same year, NHS Resolution paid out more than £3.1 billion in compensation and associated costs under its clinical schemes.

The vast number of claims and the high payout totals show how often patients suffer avoidable harm, whether through misdiagnosis, surgical errors, negligent treatment, or poor aftercare. Many more cases never make headlines but still leave lasting consequences.

If you or a loved one has experienced harm because of substandard medical care, you may be entitled to compensation. This guide explains the medical negligence claim process, from investigation through to possible settlement, and shows how Claim Time Solicitors can help you every step of the way, with expert, confidential, No Win, No Fee support.

What qualifies as medical negligence?

Medical negligence occurs when a healthcare professional or institution fails to meet the accepted standard of care, and that failure causes you avoidable harm.

Common examples include:

• Misdiagnosis or delayed diagnosis
• Surgical errors or avoidable complications
• Inadequate or negligent treatment or aftercare
• Birth injuries and maternity-related errors
• Failure to monitor, warn or follow up

If medical care falls below accepted standards and leads to injury, disability, or worsening of a condition, it may amount to actionable negligence and trigger the medical negligence claim process.

Your Right to Submit a Claim

You are entitled to submit a claim when:

1. A duty of care existed: any doctor, hospital or NHS trust owes a duty to treat you with reasonable skill and care.
2. That duty was breached: care provided was negligent, fell below accepted medical standards, or deviated from proper procedures.
3. You suffered harm as a result: you must show medical evidence that links the negligence to your injury or worsening condition.

If these conditions apply, you can begin a medical negligence claim, whether the harm was immediate, delayed, physical, or psychological.

What happens during a medical negligence claim investigation?

1. Initial consultation and case review

• You contact a specialist solicitor (like Claim Time Solicitors) for a free, confidential discussion.
• The solicitor reviews your medical records, treatment history, and any relevant documentation.
• They assess whether there is a realistic chance of success under the medical negligence claim process.

2. Gathering evidence

To build a strong case, the solicitor will help you collect:

• Full medical records (hospital, GP, specialists)
• Treatment notes, test results, referrals, discharge summaries
• Witness statements (if relevant), e.g. from family, carers or other medical staff
• Evidence of additional harm, e.g. extra treatment costs, loss of earnings, ongoing care needs

3. Expert medical opinion

• Your solicitor may instruct independent experts (e.g. a consultant in your treatment area) to review the case.
• The expert considers whether the care you received fell below the accepted medical standard.
• Their opinion helps establish causation, i.e. link between negligence and your injury or harm.

4. Letter of claim / pre-action protocol

• If evidence supports your case, the solicitor sends a Letter of Claim to the healthcare provider (hospital, NHS Trust, GP).
• This starts the formal pre-action process, giving the defendant a chance to respond and investigate internally.
• The defendant may then: accept liability, propose a settlement, request further information, or deny the claim.

5. Negotiation / alternative dispute resolution (ADR)

• Many medical negligence claims are resolved without a court. In 2024/25, NHS Resolution reports that 83% of claims were settled without formal court processes.
• Settlement may be via mediation, negotiation or an early resolution meeting.
• If a settlement is reached, compensation is agreed upon. If not, the case may proceed to full legal proceedings.

6. Legal proceedings (if needed)

• If no agreement is reached, your solicitor may issue court proceedings.
• You and the defendant exchange documents and expert evidence, and your claim advances through the legal process.
• Court outcomes may deliver damages, additional legal costs, and sometimes a formal acknowledgement of wrongdoing.

What compensation might cover?

Through the medical negligence claim process, compensation can cover:

• General damages: pain, suffering, loss of amenity, long-term disability or reduced quality of life
• Special damages: financial losses such as past and future medical costs, therapy, care needs, loss of earnings, travel and additional support needs

Because every case is different, compensation varies widely. But the goal of the medical negligence claim process is to restore you, as far as possible, to the position you would have been in, had the negligence not occurred.

Why do the numbers matter?

With 14,428 new claims filed in 2024/25 and £3.1 billion paid out by NHS Resolution, it’s clear that medical negligence remains a significant issue in the UK healthcare system. That present reality makes it all the more important to know your rights and understand the medical negligence claim process, whether you suffered a clear surgical error or subtle, long-term harm through misdiagnosis or poor aftercare.

Don’t let fear or uncertainty stop you from claiming

Many people hesitate to start a claim, worried about the stress, complexity, or disapproval. But the data shows that most medical negligence cases settle without litigation. With experienced solicitors handling your case, the process is managed on your behalf. That means you can focus on recovery and healing while your legal team gathers evidence, negotiates, and fights for fair compensation.

Why choose Claim Time Solicitors?

With Claim Time Solicitors on your side, you get:

• Expert guidance through the entire medical negligence claim process
• Help collect all evidence: medical records, expert opinions, and financial loss documentation
• Negotiation and dispute resolution handled for you
• A No Win No Fee commitment: no upfront cost, no financial risk

You don’t need to face this alone.

Steps to take if you think you have a claim

1. Keep all medical records and correspondence related to your treatment.
2. Write down dates, times and details of what happened, including what went wrong and how you’ve been affected.
3. Seek medical or specialist help if your condition worsens or remains unresolved.
4. Contact a specialist solicitor, like Claim Time Solicitors, for a free and confidential review.

Your path to justice and support

If you’ve been harmed by negligent care, the medical negligence claim process offers a route to accountability and compensation. You have a right to pursue justice.

Call Claim Time Solicitors today on 0800 970 2727 for a free, confidential consultation. You deserve support and fair compensation for what you’ve been through.

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