What must I prove to win a clinical negligence claim?

To succeed, you must prove three things: a duty of care existed, the standard of care fell below that of a reasonably competent practitioner (the Bolam test), and that this breach caused your harm. Expert medical evidence is almost always essential to demonstrate these elements. Claims proceed under the Pre-Action Protocol for the Resolution of Clinical Disputes.

How do I obtain my medical records for a claim?

You can request complete medical records, including GP notes, hospital records, outpatient letters, nursing notes, and prescriptions, via a Subject Access Request under the Access to Health Records Act 1990. The healthcare provider has 30 days to respond to this request. You should also collect any consent forms signed before treatment or surgery.

How much does expert medical evidence cost?

Independent expert medical reports are usually required to prove breach of duty and causation. These reports are typically the most expensive element of a claim, costing between £2,000 and £10,000 or more. Solicitors usually manage the process of obtaining these reports from specialists in the relevant field.

What personal evidence should I gather besides medical records?

You should prepare a detailed chronological timeline of all treatment, symptoms, and concerns raised, using your personal notes and medical records. You also need evidence of financial losses, such as lost earnings, care costs, and private treatment costs. This evidence structures the entire case and supports your financial claims.

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evidence

Medical Law

Updated 2026-04-09

Evidence Checklist for a Clinical Negligence Claim

Documents and expert evidence needed to support a clinical negligence claim against an NHS or private healthcare provider.

Overview

Clinical negligence claims are among the most complex in civil litigation. You must prove: (1) a duty of care existed; (2) the standard of care fell below that of a reasonably competent practitioner (the Bolam test — Bolam v Friern Hospital Management Committee [1957]); and (3) that breach caused you harm (causation). Expert medical evidence is almost always essential. Claims proceed under the Pre-Action Protocol for the Resolution of Clinical Disputes. The limitation period is 3 years from the date of knowledge (Limitation Act 1980, s.11).

0 of 10 items checked

Medical Records

Complete medical records from the treating provider — request via SAR (Access to Health Records Act 1990)(Essential)

Request GP records, hospital records, outpatient letters, nursing notes, and prescriptions; the provider has 30 days to respond

Consent forms signed before treatment or surgery(Essential)

Relevant to failure to warn (Montgomery v Lanarkshire Health Board [2015])

Discharge summaries and any follow-up letters(Essential)

Radiology images, pathology reports, and laboratory test results

Expert Evidence

Independent expert medical report on breach of duty (from a specialist in the relevant field)(Essential)

Usually the most expensive element — costs £2,000–£10,000+; solicitors typically manage this

Expert report on causation — linking the negligence to your specific harm(Essential)

Prognosis report on future treatment needs and impact

Timeline and Financial Evidence

Detailed chronological timeline of all treatment, symptoms, and concerns raised(Essential)

Build this from your personal notes and the medical records — it structures the entire case

Evidence of financial losses: lost earnings, care costs, private treatment costs

Pre-action letter of claim in accordance with the Protocol(Essential)

Must be sent before proceedings are issued; the defendant has 4 months to investigate and respond

Related Guides

Related Rights

Patient Rights

Official Resources

Pre-Action Protocol for Clinical Disputes →NHS Resolution →Medical Defence Union →

Frequently asked questions

What must I prove to win a clinical negligence claim?: To succeed, you must prove three things: a duty of care existed, the standard of care fell below that of a reasonably competent practitioner (the Bolam test), and that this breach caused your harm. Expert medical evidence is almost always essential to demonstrate these elements. Claims proceed under the Pre-Action Protocol for the Resolution of Clinical Disputes.
How do I obtain my medical records for a claim?: You can request complete medical records, including GP notes, hospital records, outpatient letters, nursing notes, and prescriptions, via a Subject Access Request under the Access to Health Records Act 1990. The healthcare provider has 30 days to respond to this request. You should also collect any consent forms signed before treatment or surgery.
How much does expert medical evidence cost?: Independent expert medical reports are usually required to prove breach of duty and causation. These reports are typically the most expensive element of a claim, costing between £2,000 and £10,000 or more. Solicitors usually manage the process of obtaining these reports from specialists in the relevant field.
What personal evidence should I gather besides medical records?: You should prepare a detailed chronological timeline of all treatment, symptoms, and concerns raised, using your personal notes and medical records. You also need evidence of financial losses, such as lost earnings, care costs, and private treatment costs. This evidence structures the entire case and supports your financial claims.