At MDS we understand that making a medical negligence claim can be a difficult and emotional journey for the victim and their loved ones. Pursuing a medical negligence claim is a big decision and choosing the right law firm can make all the difference to the outcome.
Choosing a firm with the right experience, understanding, and knowledge is your first step when pursuing a claim. Medical negligence claims involve several complex processes which can be confusing and lengthy. Whether it’s a surgical error, misdiagnosis, birth injury, or poor aftercare, seeking justice and compensation requires more than just legal action, it requires the right legal partner. At MDS, with the help of our solicitors’ expertise we try to make the claim process as simple as possible.
The guidelines below will help you by providing an overview of what to look for in a firm when you have a medical negligence claim.
- Specialist Experience
Not all personal injury lawyers are medical negligence experts, when choosing a medical negligence firm, look for a firm that specialises in medical or clinical negligence as these firms are more likely to understand the complexities involved in your case. Look at the cases they handle, their experience and success rate.
Look for firms that:
- Have a team dedicated to working on medical/clinical negligence
- Employ solicitors or partners with a track record of success in clinical negligence
- Are recognised by independent legal directories (e.g. Chambers & Partners, Legal 500).
Ask whether the firm has experience handling your specific type of claim (e.g. paediatric injury, dental negligence, surgical error and misdiagnosis).
- Are the firm and its solicitors accredited with an Accreditation Scheme?
One of the ways to verify a firm’s expertise is by the accreditations they hold. In medical negligence, there are three associations in particular to be aware of:
These organizations set rigorous requirements for firms handling clinical negligence cases. If a firm holds one or both accreditations, it’s a strong sign of credibility.
The accreditations above demonstrate that a medical negligence firm complies with the best practice when handling cases and has a proven competency in medical negligence law. These recognitions show that the firm meets high standards in clinical negligence law and has proven expertise.
MDS is acknowledged by The Society of Clinical Injury Lawyers, The Law Society Clinical Negligence Panel, and is ranked in Chambers & Partners. MDS is committed to delivering the best possible service to ensure that your case is thoroughly investigated. See more about our accreditation here
- Does the firm have a good record of successful medical negligence claims?
The right firm will fight your case with skill and care—so you can focus on healing, knowing your legal claim is in expert hands. A good track record of successful cases shows that they can put their specialist understanding of medical negligence law into practice, and guide cases from their initial investigations through to negotiating a final settlement or directing the claim to trial stage.
Ask whether the firm has experience handling your specific type of claim (e.g. paediatric injury, dental negligence, surgical error and misdiagnosis).
Do some background research when looking at which medical negligence firm is right for you.
Things to look for:
- Success rates in complex claims
- Record of how high-value claims are managed
- Positive feedback about transparent communication and empathy
- Client satisfaction and clear outcomes
It may be assuring to ask the solicitor you meet with about the recent cases their practice has dealt with, and the outcome of those cases.
Take a look at some of the services MDS offers
- Read reviews and case studies
Check reviews, client testimonials, and case studies. A good, credible firm should be willing to share anonymised case outcomes, client testimonials and references. This should give you a brief overview of the firm’s client care, success rate and an insight into how their cases are managed and settled.
- “No win, No fee” Options
When making a claim in a clinical negligence action, there are several factors to consider, including legal expense insurance and funding. The financial aspects of a legal claim can be intimidating. Most leading medical negligence firms offer “No Win, No Fee” agreements (also called Conditional Fee Agreements or CFAs). Under this model:
- You typically pay nothing upfront.
- You only pay legal fees if your claim is successful.
- The firm takes a pre-agreed success fee (capped at 25% of your compensation).
It can be beneficial if the firm you choose offers options for funding your claim. Also ask about:
- After-the-Event (ATE) insurance to cover costs
- Any disbursements (e.g. medical expert reports) and whether they are included
Always get the terms in writing and ensure they are clearly explained before proceeding to sign any documents.
At MDS our 'No Win – No Fee' arrangements ensure that our expert medical negligence services are available to everyone. We fight tirelessly for our clients, handling each case with the utmost care and professionalism. Our approach is tailored to meet the unique needs of each client, ensuring that you feel supported and confident in our representation.
- Communication, responsibility and Honesty
Medical negligence cases can take months or even years. You’ll be in regular contact with your legal team, so communication and trust are key.
To give you total confidence for the road ahead, your solicitor should speak to you honestly and demonstrate that they are responsible for your case’s success.
During your initial consultation, address the following topics:
- Who will be your main point of contact?
- Prospects of success of your case
- An estimate of the compensation you will receive
- Will you be dealing with your solicitor or a case handler directly?
- How often will you be updated?
- Realistic timelines in terms of proceeding and negotiating settlement
- Make sure you understand their answers. If you do not understand the answers, ask for a further explanation.
A good firm should listen attentively, explain the process clearly, and provide a realistic view of your case.
- Compassion and Empathy
The right firm brings not just legal expertise, but also empathy, compassion, resources, and strategic insight—helping you navigate the process with confidence and increasing your chances of a successful outcome.
Most firms offer free initial consultation, either in person, over the phone, or online. This meeting is about more than just facts—it’s about trust, comfort, and confidence. If you don’t feel comfortable after that first conversation, consider other options.
For many people, making a medical negligence claim is not about compensation. It can be about getting answers, holding someone to account, obtaining closure, or supporting a charity close to their hearts.
We will listen to what you want. You may want answers, you may want compensation, or you may want to hold someone accountable. You may want to make sure that what happened to you does not happen to someone else or you may simply want some guidance as to your options. Whatever your reason, contact us so that we can support you.
Nafeesa Khan, Consultant Paralegal from MDS, said “Choosing the right medical negligence law firm is a deeply personal and practical decision. You're placing your trust and often your future wellbeing in the hands of a trusted professional. Make sure they’re up to the task. If you’re unsure about a firm or feel pressured into signing anything, it’s okay to walk away. You’re entitled to compare firms and seek a second opinion before making a decision. The right firm will exercise patience, encourage transparency and support you throughout your claim process.”
