How long does a medical negligence claim take?

medical negligence claim take

A lot of people ask us: how long will a medical negligence claim take? We appreciate that people want an insight into when they could see a resolution, but there are a lot of factors to consider.

These types of cases can be notoriously difficult to win, and we often have a fight on our hands as well. This is simply down to the fact that a lot can go wrong with medical treatment and procedures, and it doesn’t always mean that there has been a mistake or some form of negligence. You can only usually succeed with a legal case for compensation when suffering arises from negligence, so we need to prove this as part of a case.

These factors mean that a medical negligence case can take longer than many other types of personal injury compensation claims. Here is some insight into what you could expect.

How long could a medical negligence claim take?

We are often asked by potential clients: how long does a medical negligence claim take to complete and what does it all entail?

We have broken this down into a simple Q and A below to provide you with some answers:

Q: How long could a medical negligence claim take to start?

A: You can instruct us to start work on your case over the telephone in one simple call in many cases. When you speak to an advisor, they may occasionally need to refer the details to a senior colleague, but it can be common for us to start a case on the same day you speak to us.

Q: How long might a medical negligence claim take to settle?

A: Really simple cases could still take up to a year to resolve. This could be where liability is accepted early, and your suffering is minimal. This means that we need to arrange for an appointment for you with an independent consultant that provides us with the report that we use as evidence to settle the case. You may also need to undergo treatment as well, which we always recommend you have before settling a case.

Q: What if my case is not straightforward or I am seriously injured?

A: If the case is complicated and we need to fight for your rights to pursue a claim, it could take several years to resolve. It depends on whether the other side wants to push the case all the way to court.

Although this can be rare, we can never rule it out.

If you are seriously injured, you may require multiple medical reports and a lot of treatment before a case is ready to settle. This is in your best interests and will usually mean that the resolution of the case needs to be delayed.

Q: When will I know how long it could take in terms of liability?

A: We normally expect the other side to confirm their liability position within the first four months of them being notified about the claim in full.

No Win, No Fee representation

We do offer No Win, No Fee legal representation for cases where we consider that we can succeed with the case. This means that we can, subject to the terms and conditions and your adherence to them, waive our legal fees if the case does not succeed.

We work this way because we are firm believers in access to justice, and because we know many would not want to claim if they had to pay for a losing case.

Free, no-obligation advice today

We offer free and no-obligation advice for those who want to speak to us about their options for making a personal injury compensation claim.

Please don’t hesitate to contact the team here today and we can try to assist you right away.

IMPORTANT: advice on this page is intended to be up-to-date for the 'first published date'.

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