When clients first get in touch with us about a possible clinical negligence claim, they rarely arrive with only the legal issues at the forefront of their minds. More often than not, there is an element of uncertainty and a sense that something important has gone wrong, not only medically, but in their trust in the system as a whole.
That loss of trust does not always stop at healthcare. It can understandably affect how clients feel about professionals more broadly, at a time when they may already feel unheard or misunderstood.
Many are still living with the impact of what happened to them or their loved ones. Against that background, the legal process can feel unfamiliar and can be an intimidating prospect.
It is for this reason that, as part of our role, it is essential to take the time from the very outset to understand not just the facts of a case, but our clients’ concerns, emotions, and expectations, and to build trust, rather than assume it.
How does language affect confidence and trust?
This sense of unease is something all clients can experience. For those whose first language is not English, however, it is often more pronounced and can affect how confidently they engage with the process from the outset.
Medical and legal language can be difficult to navigate, even for fluent English speakers. Where English is not a client’s first language, there may be an added concern about describing complex events accurately and understanding unfamiliar terminology.
In practice, this can sometimes lead clients to hold back questions or concerns, not because they are disengaged, but because of barriers to communication within a system that may already feel intimidating.
These experiences can very much shape how clients approach the process and, ultimately, how supported they feel.
Creating space for clients to find their voice
Creating space for clients to find their voice is not simply about progressing a claim efficiently. It is about how clients are supported as the process unfolds, and whether they feel able to express themselves in a way that feels safe and respected.
In practice, this often means slowing down when a client feels overwhelmed. It means avoiding unnecessary jargon, never assuming understanding, and taking the time to explain each stage of the process.
For clients whose first language is not English, it also involves working closely with experienced interpreters and being attentive to how conversations are structured, so that clients can explain their experiences in their own words and at their own pace.
Patience and clarity are not optional extras, they are fundamental to the work we do.
Trust, support and guidance at every stage
Clinical negligence claims rarely affect just one part of a client’s life, and many people are balancing the consequences of avoidable harm alongside work, family responsibilities, financial pressure, or ongoing health concerns.
We are here to reassure clients that uncertainty is normal and to create a safe space in which questions can be asked.
Clients do not need a detailed understanding of the legal system. Understanding and advising on the process is our responsibility, and we are here to support and guide clients every step of the way.
How can we help?
Shrdha Kapoor is an Associate in our Medical Negligence team, which is ranked in Tier One by the independently researched publication, The Legal 500, and Commended in The Times Best Law Firms 2024. She specialises in medical negligence claims, delayed diagnosis claims, and surgical error claims.
If you have concerns about the care you received, please contact Shrdha or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form. We’re here to help you find answers and move forward.
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If this article relates to a specific case/cases, please note that the facts of this case/cases are correct at the time of writing.