Obtain medical records first via subject access request (UK GDPR / DPA 2018, response within one month). Send a Letter of Notification (optional) and then a Letter of Claim setting out facts, allegations of negligence, the causal link and main heads of loss. The defendant should send a reasoned Letter of Response within four months. Independent experts are usually needed on breach, causation and condition/prognosis. ADR is encouraged.
What is the limitation period in clinical negligence?
Three years from the date of the negligent act or omission or from the claimant's date of knowledge (s.14 Limitation Act 1980), with judicial discretion to disapply under s.33. Time runs from age 18 for children, and time may not run at all for protected parties lacking capacity.
What does the Medical Pagination service produce?
Upload disorganised medical records (PDFs up to 250 MB per bundle). The service runs OCR, classifies each document by section, removes duplicates, sorts chronologically, applies numbered pagination, adds PDF bookmarks and a clickable index, and produces a clinical chronology, radiology schedule and expert memo alongside the searchable PDF. Billed at £150 per delivered bundle on the Clinical Negligence plan.
How is quantum assessed in clinical negligence?
General damages for pain, suffering and loss of amenity are valued using the Judicial College Guidelines and comparable awards. Past losses cover earnings, care, treatment, travel and equipment. Future losses (often the largest element) cover earnings, pension, care, case management, treatment, aids, equipment and accommodation, calculated via Ogden multiplier × multiplicand. The Personal Injury Discount Rate for England & Wales has been +0.5% from 11 January 2025. Periodical Payment Orders may be appropriate in very serious cases.
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