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  • Lauren Teggin

What are the initial steps of a medical negligence claim?

If you believe that you have a potential medical negligence claim, contacting a member of Graystons as soon as possible is always advisable.

One of our dedicated team will speak with you about what has happened. We will take as much information as possible about the nature of the injury, the health organisation/s involved, and what you believe has gone wrong.

A solicitor at Graystons will then review the information provided and assess whether we can prove the two critical elements of a medical negligence claim.

The Claimant must prove that negligence occurred (breach of duty). We must also prove that such failure caused injury/pain and direct suffering from the treatment (causation). If a solicitor feels we have a 51% chance of proving breach of duty and causation, we will open a file.

Once the file is open, we will provide documents and request all of your medical records. The timescale for obtaining medical records can range depending on the organisation, but, on average, it takes between 1-3 months.

Whilst awaiting your medical records, someone from our team will be in touch to draft an initial witness statement for your file.

Once your records are obtained, we will review them alongside your witness statement. We will then assess further to see whether we feel there is still a 51% chance of succeeding.

Suppose we think there is a 51% chance. In that case, we will proceed to obtaining funding and arranging for the medical records to be collated and organised into a paginated set in readiness to instruct an independent medical expert.

There are no written rules on how long the initial process can take; however, a team member will frequently update you on what is currently happening.

If you believe that you or a family member may have suffered an injury due to negligent medical or cosmetic treatment, contact us via our contact form or call us direct on 0151 645 0055.

We can investigate a claim for you on a No Win No Fee/Conditional Fee Agreement.


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