What is... a Pre-Litigation Screening Report?

In the often complex world of medical negligence claims, timely expert guidance can make the difference between pursuing or discontinuing a case. A key tool in this early-stage assessment is the pre-litigation clinical screening report — a concise, independent opinion designed to inform legal strategy before formal proceedings begin.

What Is a Pre-Litigation Screening Report?

A pre-litigation screening report is a short-form report prepared by a qualified healthcare professional — typically a nurse expert or regulated clinician. It assesses whether there may have been a departure from acceptable standards of care based on the documentation provided.

This report is not a full CPR Part 35 expert witness report, and it is not disclosable to the court. Instead, it is a confidential, non-binding opinion that allows legal teams to evaluate the clinical merit of a case in its early stages.

The report helps identify whether further expert opinion is justified or whether the case may be discontinued before escalating costs accrue.

Why Are These Reports Valuable?

Risk Management for Legal Teams

Solicitors working on complex clinical negligence cases must manage large volumes of information and quickly identify cases with genuine merit. A pre-litigation clinical screening offers a triage tool to prioritise efforts and avoid unnecessary expense on weak claims.

Fast Turnaround Times

Screening reports are usually completed within 2 - 4 weeks from the date of instruction, depending on case complexity. This allows legal teams to act decisively and respond within required pre-action or limitation timelines.

Expert-Led, But Flexible

The screening opinion is grounded in the expert’s knowledge of current practice and relevant case law — typically Bolam, Bolitho, and, where consent is relevant, Montgomery. However, because it does not carry the weight of formal testimony, it gives legal teams space to adapt or refine strategy before instruction under CPR rules.

How Is a Pre-Litigation Screening Report Structured?

While individual reports may vary slightly, a high-quality screening report generally includes:

• A synopsis of the patient history and presenting issues

• A brief, neutral clinical opinion

• An assessment of breach of duty or causation (if applicable)

• A recommendation on whether further reports are advised

These reports are delivered in structured formats that mirror the discipline of full reports but remain informal and flexible.

When Should You Use a Pre-Litigation Screening Report?

These reports are especially beneficial when:

• A solicitor needs quick early advice on whether to pursue a claim

• Case documentation is voluminous or unclear, and expert help is needed to navigate clinical narratives

• There's a need to justify instructing further expert witnesses

• The firm is working on conditional fee arrangements, and risk needs to be tightly managed

• Either the Claimant or Defendant position requires objective review before making key strategic decisions

Whether you are acting for Claimants or Defendants, this report type provides immeasurable value early in the litigation cycle.

A pre-litigation clinical screening report is not a replacement for formal medico-legal opinion. But it is a powerful strategic tool that supports informed decision-making and responsible litigation planning.

Used correctly, these reports help identify strong cases early, safeguard time and costs, and ensure clients receive timely, expert-informed legal advice. In a landscape where clinical negligence cases are increasingly complex, this form of early insight is rapidly becoming essential.

Need a pre-litigation screening report? Get in contact with us at info@apexexperts.co.uk or visit our contact us page.