October 19, 2026
If you believe you or a family member has suffered harm because of the treatment or care provided by the NHS, you may be considering whether you have a clinical negligence claim.
One of the first questions people often ask is: what evidence should I gather for a clinical negligence case against the NHS?
You do not need to prove your case yourself before speaking to a solicitor. However, keeping a clear record of what happened and gathering relevant documents can help when your circumstances are being investigated.
It is also important to remember that a poor outcome does not automatically mean that clinical negligence has occurred. To bring a successful claim, it will generally be necessary to establish that the care provided fell below the appropriate standard and that this caused or contributed to the injury or harm you suffered.
What evidence should I gather for a clinical negligence case against the NHS?
There are several types of evidence that may be useful when investigating a potential clinical negligence claim.
This can include:
- Your NHS medical records
- GP and hospital appointment letters
- Discharge summaries
- Test results and scan reports
- Prescriptions and medication information
- Emails, letters or messages from healthcare professionals
- A record of your symptoms and how they have changed
- Details of conversations you had with doctors, nurses or other healthcare professionals
- Photographs showing an injury or changes to your condition, where appropriate
- Evidence of any financial losses or additional expenses
- Information about time you have been unable to work
- Details of any care or assistance you have needed
You may not have all of this information, and that does not mean you cannot seek advice.
What should I write down about what happened?
It can be helpful to write down what happened while you can still remember the details clearly.
Try to include dates of appointments, what you were told, symptoms you experienced, tests or treatment you received and any concerns you raised with healthcare professionals.
If you do not know the exact date of something, make a note of the approximate date rather than guessing.
You should also record how your condition has affected you since the treatment or incident. This could include ongoing symptoms, pain, additional treatment, time away from work or changes to your everyday life.
Should I get a copy of my NHS medical records?
Yes, your medical records can be an important part of investigating a potential clinical negligence claim.
You can request access to your medical records from the NHS organisation or healthcare provider holding them. Depending on your circumstances, this could include records from your GP, hospital or other healthcare professionals involved in your treatment.
Your medical records may contain information about your symptoms, appointments, test results, diagnoses, treatment and decisions made by healthcare professionals.
You do not need to understand everything in your records yourself. A clinical negligence solicitor can help you understand what information is relevant and, where necessary, arrange for medical evidence to be obtained from an independent expert.
What financial losses should I keep evidence of?
If you believe your injury has left you out of pocket, keep records of any costs or financial losses connected to what happened.
This could include:
- Loss of earnings
- Travel costs
- Prescription costs
- Additional treatment
- Care or assistance
- Specialist equipment
- Other expenses linked to your injury
Keep receipts, payslips, invoices and other relevant documents where possible.
Even if you are unsure whether a particular expense is relevant, it is generally better to keep the information and discuss it with your solicitor.
What can clinical negligence include?
Clinical negligence can arise in a number of different circumstances. Some examples include:
Could I have a claim if my diagnosis was delayed?
A delay in diagnosis can sometimes result in a condition becoming more serious or treatment becoming more difficult.
However, a delayed diagnosis does not automatically mean that negligence has occurred. It will be necessary to consider the circumstances, including what symptoms were present, what investigations were carried out and whether the appropriate action was taken.
Could I have a claim if I was given the wrong diagnosis?
A misdiagnosis may mean that someone receives treatment they do not need or does not receive treatment for the condition they actually have.
The fact that a diagnosis was incorrect does not, by itself, establish clinical negligence. The standard of care provided and the circumstances surrounding the diagnosis would need to be investigated.
Could I have a claim because of a surgical error?
Surgery carries risks, but errors during an operation or failures in the care provided before or after surgery can sometimes result in avoidable harm.
The circumstances of the treatment would need to be reviewed to establish whether the appropriate standard of care was provided.
Could a medication error be clinical negligence?
Medication errors can include being prescribed the wrong medication or dosage, failing to take relevant allergies or medical history into account, or not receiving appropriate monitoring.
Whether an error amounts to clinical negligence will depend on the circumstances and the harm caused.
Do I need to prove that the NHS was negligent before I contact a solicitor?
No. You do not need to establish that clinical negligence occurred before seeking legal advice.
Understanding whether the care you received was appropriate can involve reviewing medical records and obtaining an opinion from an independent medical expert.
A solicitor can assess the circumstances with you, explain what evidence may be needed and advise you on whether there may be grounds for a claim.
How long do I have to make a clinical negligence claim against the NHS?
There are time limits for bringing clinical negligence claims, so it is important to seek advice as soon as you can if you believe something has gone wrong.
The time limit can depend on the circumstances of your case, including when the negligence occurred and when you became aware of your injury. Different rules can also apply to children and people who lack the mental capacity to bring a claim themselves.
If you are concerned about the time limit for your circumstances, a solicitor can advise you.
What should I do if I think I have experienced clinical negligence?
If you are concerned about the care you or a family member has received from the NHS, start by keeping a record of what happened and keeping copies of any relevant documents.
You do not need to collect everything before getting legal advice.
At Bates Wells & Braithwaite, our clinical negligence team can discuss your circumstances, explain your options and advise you on what to do next.
If you think something went wrong with your NHS treatment, contact our team to discuss your circumstances.