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).
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