How long does a medical negligence claim take?

The length of time for medical negligence claim to settle varies and depends on the complexity of the case.

Typically, cases where liability is admitted can be settled in around 12 months whereas larger cases can take up to two years or sometimes longer in more complex cases where the injury/condition is ongoing.

Any claim in medical negligence will require proper investigation so that evidence can be gathered in support of the claim. This will include a substantive review of medical records, history and in most cases is likely to require independent medical expert evidence to consider the legal aspects of breach of duty of care and causation to support the case. This alone can take between six and twelve months.

If the chances of a full recovery are unclear, further medical examinations may be required and a claimant should always wait to ascertain the full extent of their damages so that an accurate valuation of their claim can be assessed.

Once a claimant has obtained all the medical evidence required, the solicitor dealing with the case will issue the claim to the doctor or NHS Trust (the defendant) involved. Their legal representatives will most likely wish to obtain their own medical evidence which they must be allowed to do. This will allows them to investigate the case against them. Ordinarily the defendant has four months to do this after which they will admit the whole or part of the claim alleged against them or deny liability providing reasons why.

If liability is denied, further input may be sought from the experts instructed to consider. It is usual to attempt to settle the claim on the strength of the claimant’s evidence and with instructions, an offer will be put to the defendant. If this is not accepted, then your solicitor will discuss proceeding to issue court proceedings. This makes the defendant aware that the claim is valid regardless of their denial.  

In most cases, a settlement will be reached before the parties are due to go to trial at court.

It is important that settlement is not rushed into as this may result in you receiving less than you are entitled to, and once a claim has settled any subsequent claim is not allowed. In appropriate cases we may be able to apply for interim payments on account of final damages (compensation) so that you have some funds whilst your claim progresses. Any interim payment will be deduced from your final award.

We will work as quickly as we can to progress your claim whilst ensuring that we fully investigate your case. Upon receipt of medical records, we will instruct medical experts to produce a report and we will discuss the findings with you.

Once we have sent a formal notification of your claim to the doctor or NHS Trust responsible for the negligence, they will have 14 days to acknowledge the claim, and four months to respond to the claim in detail. If court proceedings begin, a trial date is usually set for between 12-18 months following the start of court proceedings. However, most cases will settle before the trial date.