After the records are sorted, the solicitor will usually review them and prepare a detailed chronology to assess the merits of the claim.
If they think the claim has reasonable prospects of success, they’ll instruct independent medical expert(s) to review the records and provide a report on breach of duty (the standard of medical care) and causation (the extent to which any identified breach has resulted in a worse outcome). There can often be a long wait for really good experts.
Once the expert reports are received, the client is sent a copy with advice about the evidence.
The solicitor may also want to obtain a witness statement from the client, particularly if there is any factual dispute about what happened.
Investigations into the merits of the claim can often take 6 months, or more if the medical issues are particularly complicated. A barrister may be instructed to have a meeting with the experts and “test” their evidence.
Assuming the experts are supportive of the claim, a detailed Letter of Claim is served on the Defendant, setting out the allegations of negligence and injuries/ losses suffered as a result.
The Defendant has 4 months to investigate and respond with a Letter of Response. Sometimes they ask for more time.
Much then depends on the response. If liability is admitted, then investigations into quantum are made i.e. experts condition and prognosis reports, details of financial losses etc. The parties may make offers to each other or hold a settlement meeting to seek to negotiate settlement.
If liability is denied, it may be necessary to issue court proceedings which will be a lengthy process involving disclosure of documents, exchange of witness statements. exchange of expert reports and expert joint meetings.
Look at the Pre-action Protocol for the Resolution of Clinical Disputes for more info.