What are the steps of a maternity negligence claim?

Stage 1: Contact us

The first step of your claim is choosing your solicitor. When choosing who will represent you, it is important to decide based on three main areas:

• Experience
• Communication
• Reputation

Our medical negligence solicitors have a strong reputation for providing dedicated and specialist advice to guarantee you receive the rehabilitation, support, and compensation you deserve.

Our head of medical negligence, Emma Doughty, is highly accomplished, holding two Law Society accreditations, specifically in Clinical Negligence and General Litigation. She is also recognised as a Senior Litigator by the Association of Personal Injury Lawyers (APIL).

Emma, and numerous other members of the medical negligence team, are recognised as leaders in the field, both in the prestigious Chambers and Partners guide and in the Legal 500.

Stage 2: Funding your claim

Here, at Slater and Gordon, we offer 'No Win No Fee' funding on cases of medical negligence, meaning there's no financial risk to you.

We always take every step possible to ensure that our clients don’t suffer financially in any way because of their choice to pursue a claim for compensation. In fact, making a no win no fee claim with our legal experts can be the best way to ensure that you’re able to access the specialist treatment and rehabilitation that you need, without worrying about any costs mounting up.

Stage 3: Medical records

Your medical records are a crucial part of building a strong medical negligence claim, they hold vital evidence regarding the care you received, the healthcare professionals involved, and the impact of the alleged negligence on your health.

Under the General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018, you have the right to access your medical records. Our dedicated legal team will be able to gather the medical evidence we need through the following process:

• Determining which healthcare facilities and medical professionals were involved in your care during the period of alleged negligence - this may include hospitals, GP surgeries, dental practices or other healthcare providers.
• Submitting a Subject Access Request (SAR) to the relevant healthcare providers, requesting a copy of your records. The SAR should include your personal details, such as your name, date of birth and NHS number, as well as the specific time period and types of records you wish to obtain (e.g. consultation notes, test results, imaging studies, etc.). You may need to provide proof of identity for them to verify our request.
• Awaiting a response - healthcare providers are legally required to respond to your SAR within one calendar month, although this deadline can be extended in complex cases.

Once we have obtained your records, your solicitor will review them to identify any evidence of negligence, such as missed diagnoses or inappropriate treatments.

Stage 4: Independent expert review

Your solicitor will instruct an independent medical expert to review the details of your medical negligence claim, in order to provide an opinion on whether your care could be considered negligent and whether medical professionals have breached their duty of care. If the duty of care has been breached, the independent expert will also be able to share insight on whether the negligence caused or contributed to your injury.

In the later stages of the case, they may also provide an opinion on the extent of your injuries or the long-term consequences of the alleged negligence, which can help in valuing your claim.

Stage 5: Valuing your claim

Compensation in medical negligence claims is typically divided into two main categories:

• General damage: this is calculated to compensate those who have suffered medical negligence for the pain, suffering and loss of capability they have experienced. This includes both physical and psychological harm, as well as any impact on your quality of life, such as the inability to participate in hobbies or enjoy social activities.
• Special damages: this covers any financial losses or expenses you have incurred as a result of the negligent treatment This includes the cost of medical treatment, rehabilitation and ongoing care, loss of earnings, treatment-related travel expenses, and the cost of any necessary modifications to your home to accommodate your needs due to your injuries.

With these in mind, the value of your claim will depend on various factors, including:

• The severity and nature of your injuries
• The impact of the medical negligence on your quality of life
• Your age and life expectancy, with younger claimants or those with a longer life expectancy generally eligible for a higher amount of financial compensation
• Your financial losses, both past and future

It is essential to remember that each medical negligence case is unique, and the value of your claim will depend on your specific circumstances.

Stage 6: Presenting the case to the defendant

At this stage, we will present your case to the defendant. This involves formally notifying the defendant of your claim and providing them with an opportunity to respond.

This is normally done through a letter of claim; a formal document outlining all details of the claim, including allegations of negligence, harm you have suffered, supporting evidence, and compensation you seek.

This letter serves as formal notice of your intention to pursue a claim and provides the defendant with an opportunity to investigate the allegations and respond. They must acknowledge receiving the letter within 14 days, confirming that they have received it and will be investigating the allegations.

Stage 7: Letter of response

After receiving the letter of claim, the defendant has four months to investigate the allegations and respond with a letter of response.

The letter of response will outline their position on the allegations (either admitting or denying liability) and providing any additional information or evidence they have gathered during their investigation. There are several possible outcomes at this stage:

• If the defendant admits liability, either fully or partially, negotiations can begin to settle the claim. Your solicitor will work with the defendant's legal representative to agree on a fair compensation amount based on the evidence provided.
• If the defendant denies liability, your solicitor will need to review the defendant's response and any additional evidence they have provided. Based on this information, your solicitor will advise you on the best course of action.
• If the defendant makes a settlement offer, your solicitor will discuss the offer with you and advise you on whether it is reasonable based on the evidence and the value of your claim. If the offer is deemed insufficient, your solicitor will negotiate with the defendant to reach a more suitable settlement, or proceed to court if negotiations are unsuccessful.

Why choose us for your maternity negligence claim?

Worries and concerns are common when you are pregnant, and you should expect expert medical care wherever you are. This, however, is not always the case. If you feel you’ve received substandard medical treatment whilst pregnant or during birth, our medical negligence experts are on hand to help.

At Slater and Gordon, we have expert solicitors that specialise in medical negligence during pregnancies. As well as legal experts, we also work with dedicated nurses and midwives who work on our cases, to give deeper insight and advice into these complex situations.

To find out more information you can contact us on 0330 107 6463 or online.