Medical Negligence cases are usually very complex. It is a combination of two multidimensional subjects — law and medicine; as a result, they can take a long time to settle. In general, the claims process can last anywhere between 18 months and six years. However, your medical negligence lawyer will give you an idea of how long your case may take to resolve, depending on its unique nature.
The medical negligence claim process involves a number of steps, which usually have deadlines for responses. Let us briefly discuss the claims process and how long each stage takes.
1. At the beginning of the claims process, our solicitors will apply to your health provider to obtain your medical records. According to disclosure rules, your health provider has 40 days to respond.
2. Our solicitors will review your medical records and seek expert medical opinion to determine whether you received substandard medical care. This process can last 3–4 months per medical expert; more than one specialist may be required to prove liability.
3. Following this assessment, our medical negligence Solicitors will send a Letter of Claim on your behalf to the relevant health authority. According to the Pre-Action Protocol for the Resolution of Clinical Disputes, they are expected to respond within four months. However, they may request for more time in order to prepare their defence.
4. The defendant will either accept or deny liability. If they accept, we will begin negotiations for your financial settlement. Their first offer will likely be low and we will request a revision of the offer. If they deny liability (or the final offer is too low), we will issue court proceedings on your behalf. This stage involves a number of time-consuming steps, and a trial date will be set within two to three years of this time.
5. If your case is successful, the defendant will be under obligation by the court to pay damages within a specific period of time, as well as the legal costs of pursuing the claim. The payment process usually takes 14–28 days.
What Do You Need to Do?
If you think you have been a victim of medical negligence, it is critical that you seek expert legal advice and support. This is why Medical Negligence Direct works with a panel of specialist medical negligence solicitors who help victims of negligence in their quest to pursue medical negligence compensation claims.
When you contact us, we will discuss details of your case and, if there are grounds for a claim, our medical negligence lawyers will offer to work with you on a No Win No Fee medical negligence basis. We will be happy to discuss with you and help you make the best decision as regards suing for medical negligence.