Clinical negligence in England covers harm caused by substandard NHS or private healthcare, including maternity and neonatal injury, surgical mistakes, delayed or missed diagnosis, medication errors and failings in residential or community care. A solicitor obtains and preserves full medical records, instructs independent clinical experts, prepares a detailed letter of claim under the Clinical Negligence Pre-Action Protocol, negotiates with hospital trusts, NHS Resolution or insurers and, if necessary, issues and runs claims in the county court or High Court to establish breach, causation and quantification of loss. They also manage rehabilitation funding, settlement negotiations and represent clients at coroner inquests and court hearings. Cases are typically decided on expert medical evidence and on causation.
Where a solicitor protects your position
Critical protective steps include serving a compliant letter of claim under the Clinical Negligence Pre-Action Protocol, obtaining and preserving full medical records and instructing independent expert evidence, and, where warranted, issuing a claim in the county court or High Court; starting litigation or accepting settlement offers without expert assessment can foreclose remedies. Solicitors also secure arrangements for rehabilitation funding and ensure settlement proposals reflect future care and quantified losses.