What are early case assessments in clinical negligence cases?
Early case assessments (ECAs) support informed decision-making at the earliest stage of a potential clinical negligence or personal injury claim. In this blog, we explain what an ECA is, why it matters in a medico-legal context, and how it helps solicitors assess viability and plan next steps.
What is an early case assessment?
In medico-legal settings, an early Case Assessment is a structured review of the available medical records carried out at an early stage of a claim. Its purpose is to help solicitors understand whether a case may have merit, identify key issues within the medical evidence, and decide how best to progress.
Rather than simply summarising records, an ECA considers how the medical evidence may relate to key elements of a claim, such as breach of duty and causation, without reaching definitive conclusions.
Why are early case assessments important in medico-legal cases?
Supporting early decision-making
An ECA provides an early indication of whether a case is worth investigating further. By reviewing the medical evidence at the outset, legal teams can make informed decisions about progressing a claim, seeking further evidence, or advising clients at an early stage.
Identifying strengths, weaknesses, and risks
Early case assessments help highlight potential strengths in a case, as well as areas of concern, inconsistencies, or gaps in the medical records. This helps solicitors to understand risk early on and approach the case with greater understanding.
Informing early strategy
By understanding the medical evidence early, legal teams can plan appropriate next steps such as obtaining additional records, instructing experts, or narrowing the focus of enquiries – based on the specific issues identified.
Supporting early client conversations
An ECA gives solicitors a clearer basis for early discussions with clients, helping them explain the medical context, manage expectations, and outline realistic next steps.
How are early case assessments carried out?
Early case assessments are typically based on an initial review of the relevant medical records, often supported by clear medical chronologies or summaries. Specialist medico-legal teams may assist by organising and presenting the records in a way that allows solicitors to review the evidence efficiently and consistently.
Why ECAs matter
In medico-legal cases, early case assessments play a key role in helping solicitors understand the medical evidence at an early stage, assess viability, and identify risk. They support clearer decision-making and more focused case planning from the outset.
In simple terms, an ECA helps answer an essential early question: Is there a potential case here, and what should happen next?
ECAs can also help reduce unnecessary legal spend — something we cover in more detail here.