In the UK during the year 2022/23, the NHS received 13,511 clinical claims of negligence, which works out at over 37 claims per day. If you believe you've been injured as a result of medical negligence, you might be considering making a claim. In this post we're going to answer "How Long Does a Medical Negligence Claim Take?" as well as providing you with all the necessary information to start the process.
Medical negligence, also known as clinical negligence, occurs when a healthcare professional or organisation breaches their duty of care to a patient, resulting in harm or personal injury. A medical negligence claim arises when a patient takes legal action against a healthcare provider because they believe the standard of care fell below the accepted level.
Some common examples of medical negligence include:
Claims involving multiple medical issues or requiring extensive expert testimony can take longer to resolve. Complex cases often need more detailed investigations and multiple expert opinions, which can extend the timeline.
The speed at which evidence can be gathered and reviewed can impact the duration. When people ask how long does a medical negligence claim take, this factor can speed up the process if necessary medical records or expert reports are readily available.
After a claim is made, the defendant generally has a period of four months to investigate and respond. If liability is denied, the case may proceed to court.
Many claims are settled out of court through negotiations, with 80% of clinical claims settled without going to court at all; however, if negotiations fail, the claim may proceed to trial, extending the duration. The willingness of both parties to negotiate and reach a settlement can shorten this process.
If a medical negligence case cannot be settled, court proceedings will be necessary and can add significant time to the entire process.
If there is a need for ongoing medical assessments and future care evaluations to determine compensation accurately, it can take time to acquire the relevant reports.
Waiting for court dates or administrative backlogs in the legal process can also affect the duration of a claim.
When people ask how long does a medical negligence claim take, the process can be broken down into several stages, each with its own average time frame:
This is to assess the case's merits and determine if it is likely to succeed, which involves meeting with a solicitor, discussing the incident in detail, and gathering initial information. This can take a few weeks.
This stage involves gathering evidence and building a strong foundation for the claim, such as collecting medical records, obtaining witness statements, and reviewing the case with in-house medical experts, which can take almost six months on average.
This critical stage helps to establish breach of duty and causation through expert opinions. This involves instructing independent medical experts to review the case and prepare reports, or even multiple experts depending on the complexity of the case. This can take several months depending on the number of experts and their availability.
To notify the defendant and attempt to resolve the claim before court proceedings, including sending a letter of claim to the defendant to allow for negotiations and potential settlements. The defendant has up to four months to respond, which means the time frame can take between four and six months on average.
This is to formally initiate legal action if a settlement is not reached, which involves filing a formal claim with the court. The defendant is then required to file a defence, which can take on average 3 to 4 months. The court will then set a timetable for the proceedings and this can take on average between 12 and 24 months.
This stage is an attempt to resolve the claim either through settlement (which can occur at any stage) or court judgement. A trial can typically last between a couple of days and a couple of weeks.
The losing party can challenge the court's decision if that party disputes the outcome. This involves filing an appeal and undergoing the appellate process, which can take between 1 and two years.
When people enquire how long does a medical negligence claim take, the pre-action protocol plays an important role in the medical negligence claims process.
The protocol aims to encourage early resolution of clinical disputes without the need for court proceedings and encourages openness and sharing of information between parties. The key stages include:
Courts expect parties to follow the protocol as standard practice and non-compliance can result in sanctions being imposed by the court, including cost penalties, weakening the non-compliant party’s case, and delaying proceedings further.
So many people undergoing this process wonder how long does a medical negligence claim take, and as you can see, there are many different factors. There are some common delays that can extend the duration of the claim, including:
Obtaining accurate and complete medical records can be time-consuming, as providers may be slow to respond or provide complete records, which can stall the entire investigation process.
Securing expert medical opinions and reports can also be a lengthy process, particularly in specialised fields of medicine. Expert reports are essential for establishing if a breach of duty and causation has occurred.
After receiving the letter of claim, the defendant has up to four months to investigate and respond. If the defendant denies liability or disputes aspects of the claim, this can lead to prolonged negotiations or court proceedings. The response time can affect the overall timeline, particularly if they are uncooperative or the process requires extensive investigation.
If a case goes to court, it can be delayed by court schedules and administrative backlogs. This is where attempting to settle the claim out of court through negotiations or ADR (Alternative Dispute Resolution) can avoid unnecessary delays.
When people ask how long does a medical negligence claim take, it is clear that there are so many mitigating factors at play. When dealing with medical negligence claims, seeking expert legal advice from TBI Law can provide a range of advantages:
At TBI, our strong team of medical negligence solicitors can help you fight your case, taking time to understand your circumstances and making a professional recommendation about whether you should pursue your claim. The process of claiming for medical negligence can be lengthy, but with the support of Tilly Bailey & Irvine, you can enhance the chances of a successful and timely resolution of your medical negligence claim.
