Bringing a Claim

Come to us to discuss your medical negligence compensation claim

The Clinical Negligence Team at Mayo Wynne Baxter is happy to investigate the merits of your clinical negligence claim, and discuss your funding options.

Our expert team will advise all clients on the timescales involved in making a claim, as often the process can take between six and nine months. If you’re pursuing compensation for medical negligence, the process will entail:

• Obtaining relevant medical records
• Taking a detailed statement from you
• Obtaining independent medical evidence
• Possibly obtaining advice from a specialist barrister on the merits of your medical negligence claim

If the merits of your claim for medical negligence appear satisfactory, we will then look at the possible value of your claim. For further information on this, see our factsheets "Proving a Claim” and “Valuing a Claim”.

The next step for your clinical negligence claim

Once we are satisfied of the merit of your claim and we have an idea of its value, we will forward a detailed Letter of Claim to the Defendant. The following process then commences:

• The Defendant then has three months to respond
• If Defendant admits liability, both parties to enter into settlement negotiations
• If the Defendant denies liability, court proceedings are advised
• Following the issue of proceedings, each party will exchange statements of case
• Timetable is set for the exchange of witness statements; expert reports and value of the claim
• If no settlement is agreed in the meantime, the court will set a trial dateAlthough the general rule is that you have three years from the date of negligence to issue proceedings, there are numerous exceptions, and the legal position relating to limitation periods can be complex.

Although the general rule is that you have three years from the date of negligence to issue proceedings, there are numerous exceptions, and the legal position relating to limitation periods can be complex.

Contact the Clinical Negligence Team today for further information about making medical negligence claims and possible compensation.