Why Screening Reports Matter in Clinical Negligence and Personal Injury Claims
- Apex Experts
- Oct 23
- 3 min read
Updated: Oct 27
When managing a clinical negligence or personal injury case, early clarity can make all the difference. That’s where a Screening Report, also referred to as a Letter of Advice or pre-litigation advisory report, proves invaluable.
What Is a Screening Report?
A Screening Report is a preliminary opinion provided by an independent medical expert, typically based on initial documentation such as a client’s statement, GP records, hospital notes, and/or referral letters.
Is there a reasonable basis to pursue this claim further, and if so, on what grounds?
Why Every Lawyer Should Consider a Screening Report Early in the Case
This early expert opinion, often brief, focused, and proportionate, can guide everything that follows. Yet many firms still delay or skip this crucial step.
In this article, we explain why Screening Reports matter, what they are, when to use one, and why it can save time, reduce costs, and dramatically improve litigation outcomes.
Key Benefits of Requesting a Screening Report
1. Risk Management: Avoid Investing in Weak Cases
Not every enquiry has merit, and time is your firm’s most valuable resource. A Screening Report provides early screening, helping you avoid pouring time and budget into cases with no reasonable prospect of success.
It allows you to:
Identify non-negligent outcomes quickly
Flag causation or limitation concerns
Avoid missed deadlines on viable claims by prioritising appropriately
2. Early Strategic Clarity
These reports often highlight:
Whether Breach of Duty is identifiable
If causation appears problematic or worth exploring
Whether other experts (e.g. orthopaedic, obstetric, psychiatric) will be required
Any glaring omissions in the medical records
Having this insight early allows for better planning, budgeting, and sequencing of future instructions.
3. Client Management and Transparency
Lawyers often find it challenging to manage client expectations, especially where cases appear emotionally compelling but lack clinical foundation.
An early advisory report helps you:
Communicate realistic prospects clearly and compassionately
Justify your advice with independent evidence
Support funding decisions (especially where Legal Aid or CFAs are involved)
Clients appreciate clarity, even when the answer is “no”, if it’s delivered with professional insight.
4. Cost-Effective Evidence Gathering
Screening reports are typically fixed-fee or limited in scope, offering value without the cost of a full medico-legal report.
By using the advisory report as a triage tool, firms can:
Allocate full reports only to cases that warrant them
Use advisory findings to refine instructions for CPR-compliant reports later
Bundle and streamline medical record pagination based on identified issues
This saves time, effort, and client funds or insurance allowances.
5. Preparation for Funding or Settlement Discussions
ATE insurers, litigation funders, and internal finance teams often require preliminary merit assessments before authorising funding.
A well-structured Screening Report offers:
An independent expert view on prospects
An early understanding of case value or likely quantum
Confidence to either invest or walk away with rationale
Likewise, defendants may be more open to early resolution if you can demonstrate credible expert-backed reasoning upfront.
Common Scenarios Where Screening Reports Add Value
Missed diagnosis claims where records are large but outcome unclear
Birth injury and surgical error cases requiring early triage
Falls in hospital or pressure sore claims with complex timelines
Mental health care failings, where causation is nuanced
Fatal cases with unclear sequence of events or contributory factors
Why Delay? An Early Report Can Save the Entire Case
In litigation, momentum matters. Cases that stall early on due to indecision, unclear instructions, or misplaced confidence often lose critical time, or fail entirely.
A Screening Report:
Provides early momentum
Anchors legal analysis in clinical reality
Strengthens your procedural strategy
It’s not just an expert’s opinion - it’s your roadmap.
Final Thoughts on Why Screening Reports Matter
Instructing a full medico-legal report too early can be inefficient. Waiting too long can be risky. But requesting a Screening Report at the right time - usually early - is a strategic move that puts you in control of the case from the start.
For lawyers working in high-pressure, high-stakes environments, this type of advisory opinion is not a luxury, it’s a necessity.
If your firm regularly handles clinical negligence, personal injury, or complex causation claims, make Screening Reports a routine part of your early instruction process. Your team, your clients, and your budget will thank you.
Need a Screening Report for a new or ongoing case?
Get in touch with Apex Experts at info@apexexperts.co.uk or visit www.apexexperts.co.uk to learn more about our expert-led services.