QUICK ANSWER
Look for four things: a team that does clinical negligence as its main work rather than an add-on to general injury claims; experience with cases like yours; recognised accreditation, with the Law Society Clinical Negligence Accreditation and the AvMA specialist solicitor panel the two worth checking; and a funding arrangement explained to you in plain English, usually no win, no fee. The size of the firm, the location of its office and the look of its website all matter far less than those four.
Clinical negligence is one of the most demanding areas of law to practise well. A good case can be lost by poor early handling, and the difference between teams is real. This checklist covers what to look for, what to ask at the first conversation, and the warning signs that should make you look elsewhere.
Why clinical negligence is a specialism, not a general skill
A clinical negligence claim sits at the junction of medicine and law. Your solicitor has to read hospital records, understand what a responsible body of medical opinion would have done differently, and instruct the right medical expert in the right specialty to prove it. That is a different discipline from running a road traffic or workplace injury claim, where the facts are usually plain and the legal questions straightforward.
This is why most firms that advertise broadly for injury claims quietly decline clinical negligence work, or pass it elsewhere. The firms that do it well treat it as their core practice, with solicitors who spend their working lives on medical cases.
Which accreditations are worth checking?
Anyone can call themselves a medical negligence solicitor, so look for credentials that involve actual assessment rather than self-description:
- Law Society Clinical Negligence Accreditation. Members are assessed on their experience and knowledge of clinical negligence work. The Law Society keeps a searchable register of accredited members.
- AvMA specialist solicitor panel. Action against Medical Accidents is the charity that supports people affected by medical negligence. Its solicitor panel is independently assessed and is one of the strongest signals of genuine specialism.
- APIL clinical negligence accreditation. The Association of Personal Injury Lawyers runs an accreditation specifically for clinical negligence practitioners.
None of these is a guarantee, but a firm holding one or more of them has demonstrated its caseload to someone independent. A firm holding none, and unable to explain why, is a weaker bet.
What to ask at the first conversation
Any decent firm will expect questions and welcome them. Useful ones:
- How many clinical negligence cases like mine have you handled, and what happened to them?
- Who will actually do the work on my case, and what are their qualifications?
- What is your initial view of the case, and what would need to be true for it to succeed?
- How will the medical expert evidence be obtained and funded?
- What do you estimate the timescale to be?
- What happens if the claim loses?
Notice how specifically they answer. A specialist will talk in concrete terms about your type of injury and the evidence it needs. A generalist will talk in generalities.
Understanding no win, no fee properly
Most clinical negligence claims run on a conditional fee agreement — the formal name for no win, no fee. It is worth understanding what that actually means before you sign one:
- If the claim loses, you do not pay your solicitor’s fees, provided you have kept to the terms of the agreement.
- If the claim wins, your solicitor takes a success fee from your compensation. By law this is capped at 25% of certain elements of your damages in clinical negligence claims.
- You will usually also take out an after-the-event insurance policy to cover the other side’s costs and expert fees if the claim fails. If you win, that premium typically comes out of your damages.
Qualified one-way costs shifting protects most claimants from paying the defendant’s costs even where a claim fails, though there are exceptions, for example where a claim is found to be fundamentally dishonest. Ask your solicitor to set out the cost position in writing before you commit, and read it.
Who will actually handle your case?
Ask directly who does the day-to-day work. At some firms, the accredited specialist you meet at the start supervises a team, and your file is run by someone more junior. That is not automatically a problem — supervision matters more than seniority — but you are entitled to know who is doing what, and how accessible they will be. If you cannot get a straight answer, it tells you something.
Red flags to watch for
- Guaranteed compensation figures before anyone has seen your records. Nobody can do that honestly.
- Pressure to sign quickly. There is almost never a legitimate reason to rush a signature.
- Cold calls and texts. Firms that chase you uninvited are not always what they appear, and you have no obligation to engage with them.
- No mention of medical experts. Expert evidence is the heart of a clinical negligence claim. A firm that does not raise it does not do this work.
- Vague answers about costs. The success fee cap and the insurance position should be explained clearly before you sign.
How mayiclaim can help
If you do not know where to start, mayiclaim can do the matching for you. mayiclaim is an FCA-regulated claims management company (FRN 836625) and a trading name of R Costings Limited. The service is free: you describe what happened, the team assesses the case, and if it looks viable your claim is matched to a specialist no win, no fee solicitor on the panel, chosen for the type of injury involved. If the case does not look viable, you are told that honestly rather than passed on to someone who will take it anyway.
FAQs
Do I need a solicitor near me?
No. Clinical negligence work is done nationally, largely by phone, email and post, and serious cases are routinely handled by firms far from the client’s home town. Specialist experience matters more than geography.
Can I change solicitors if I am not happy?
Yes. You can change firms at any point in a claim. The new firm arranges the transfer of your file, and the change rarely causes more than a short pause.
What does “clinical negligence specialist” actually mean?
Nothing formal on its own — the title is not protected, so anyone can use it. That is why the accreditations above matter: they are the difference between a claim and a demonstrated specialism.
Should I go with the first firm I find?
It is sensible to speak to two or three firms and compare their answers to the same questions. A genuine specialist firm will not be threatened by that, because they expect clients to choose carefully.
Who pays for the medical expert reports?
Under a no win, no fee arrangement, the firm typically funds the reports as the case progresses, with after-the-event insurance covering the exposure. You should not be asked to pay thousands of pounds up front for expert evidence.
Start your claim or read more about medical negligence claims generally.
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MayIClaim is a trading name of R Costings Limited, regulated by the Financial Conduct Authority (FRN 836625). This article is general guidance and does not constitute legal advice for any individual case.
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