How Long Will My Medical Negligence Claim Take?

Oct 24, 2023 | Medical Negligence

The Personal Injury People

There is not one straightforward answer to this question. Various factors will affect how long a medical negligence claim takes to be resolved. Whilst it is not a rapid process, it is one that requires the work and expertise of several knowledgeable solicitors, their support staff, medical experts and barristers.  

Typically, the more complex or high-value a claim, the longer it will likely take to achieve a settlement; however, the duration of the proceedings will depend on the complexity of the injuries and issues in dispute, too.  

If you or a family member has a claim, you will want to do all you can to obtain the answers and a resolution as soon as possible. The Personal Injury People utilise a thorough approach to investigating your claim, listening to your experience and, where possible, doing all we can to ensure that the same will not happen to others.  

If you have reason to believe that you have a claim, please speak to our medical negligence solicitors. 

Investigating Your Claim  

Although all medical negligence will present slightly differently depending on the nature of the case, we will typically take similar steps initially, allowing us to gauge a better understanding of your claim. 

Take your instruction and establish whether you have a potential claim. We offer a free, no-obligation consultation to discuss your case. 

  1. Obtain your medical records. 
  1. Ask a professional to organise the medical records chronologically. 
  1. Carefully review the medical records to identify any malpractice, negligence or mismanagement. 
  1. Present the records to a medical professional and ask them to comment on the legal issues pertaining to your claim. 
  1. Obtain witness evidence. 
  1. Set out the allegations of negligence in a letter of claim. 

These initial steps typically take between 12 and 18 months. However, no two cases are the same, and your circumstances could affect this time period. 

The Next Steps 

Once a letter of claim has been served, the defendant will have four months to conduct their investigation. Following this, they will provide a formal letter of response in which they will admit or deny legal responsibility (liability). 

If the defendant (typically the doctor, surgeon or other legal professional) admits liability, both we and the legal team of the defendant will proceed to assess the value of the claim and enter into negotiations regarding the claim’s value. 

If liability is disputed, and the defendant does not accept responsibility for the claim at hand, the parties will continue to dispute the case until: 

  1. The defendant accepts responsibility. 
  1. It is agreed that the parties will enter into alternative dispute resolution. 

or 

  1. Court intervention becomes necessary, by which time the parties will come together to formally litigate under court supervision. 

Unfortunately, predicting how long the above processes will take is difficult. However, rest assured that we will do all we can to obtain the compensation you deserve.  

Medical Negligence Solicitors 

When you instruct The Personal Injury People to support you with your medical negligence claim, we will do all we can to achieve the settlement you deserve. 

Our experienced solicitors understand how overwhelming the process of making such a claim can be. However, seeking advice promptly is essential to improve the chances of achieving a favourable outcome. 

To speak to our team today, please call 0800 731 7555 or complete this enquiry form