How long does a medical negligence claim take?

Whether you get medical treatment through the NHS or a private clinic, you are owed a duty of care. All medical staff must act with a certain standard of skill and knowledge, as stated by the General Medical Council. If you suffer avoidable harm or your condition worsens due to any deviations from this standard, you may have a claim for medical negligence.

Starting a compensation claim against a doctor or hospital can seem a daunting and long-lasting process. However, the experienced solicitors we work with will support you at every step of the claims process and ensure you receive your compensation award as soon as possible.

If you are wondering, ‘How long does a medical negligence claim take to settle?’ or want to learn more about the claims process, do not hesitate to contact a personal injury solicitor. You can do this by calling free on 0800 470 0474 or using our online claim form to request a call back.

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Table of Contents

• What is a medical negligence claim?
• Can I make a claim for clinical negligence?
• How long does a medical negligence claim take?
• What can affect how long a medical negligence claim may take?
• How long do medical negligence claims take to settle on average?
• What can I do to speed up the claims process?
• Will I have to go to court?
• What are interim payments?
• What is the time limit to make a medical negligence claim?
• Do medical negligence solicitors work on a No Win No Fee basis?

What is a medical negligence claim?

A medical negligence claim refers to legal action taken against a hospital or healthcare professional. You can do this when you believe the care you received fell below the acceptable standard set by the General Medical Council and other relevant bodies, and you suffered harm as a result. The aim of clinical negligence claims is to put you back in a similar position to where you would have been had the breach of duty not occurred and compensate you for your pain and suffering.

Many types of negligence can lead to a compensation claim, such as a surgical error, misdiagnosis, delayed diagnosis, medication error or failure to obtain informed consent. You can claim for any resulting injury, including mental distress and psychological damage. If you are considering starting a claim, do not hesitate to seek advice from an experienced legal adviser. They will answer all your questions about the process, including ‘How long do medical negligence claims take to settle?’.

Can I make a claim for clinical negligence?

The easiest way to find out if you are entitled to medical negligence compensation is through a free consultation with a legal adviser. They will consult with a medical expert regarding the merits of your case and whether you have a fair chance to win. As a general rule, they will take on your claim if they can prove the following:

• A duty of care. As stated above, all medical professionals owe patients a legal duty to provide care that conforms to the standards set by the relevant bodies.
• A breach of duty occurs when a doctor or the medical staff fails to meet the standard of care expected of them.
• Causation refers to the direct link between the breach of duty and the harm or injury you suffered.
• Damages include all the losses and expenses incurred due to the negligent care, such as pain, suffering and lost wages during recovery.

If they can prove each of these points, an experienced medical negligence solicitor will present your claim to the defendant and work hard to secure compensation for your losses.

How long does a medical negligence claim take?

When you claim compensation for medical negligence, there are a series of steps involved in the claims process. How fast you can move past each of these steps will determine how long your medical negligence claim will take to resolve. The steps you should follow if you want to make a claim are:

• Seek legal advice. Contact a personal injury solicitor to assess the merits of your case. They will ask for your medical records, which the hospital must provide within a month of the request.
• Letter of notification. Your solicitor will inform the defendant of your intentions as soon as you know you will likely make a claim. They have 14 days to acknowledge the letter and respond to it.
• Investigation. Your solicitor will gather all the relevant evidence to support your case. They will consult independent medical experts to prove a breach of duty and liability for your injuries. This step can take several months or even more, depending on the complexity of your case.
• Letter of claim. After having all the information related to your case, your solicitor will send a letter of claim to the other side. This letter should include various details about your case, such as the injuries you suffered, details from medical experts and the financial losses you incurred as a result.
• Letter of response. The defendant has 14 days to acknowledge your claim and another four months to investigate it and respond to your letter.
• Negotiations. If the defendant admits liability, the two sides will start negotiating a compensation award that everyone finds fair.
• Court proceedings. If the other side denies liability or you cannot agree on a settlement, your solicitor will issue court proceedings. It can take many months to receive a trial date, during which negotiations will continue. It is quite rare for claims to go to court, as most clinical negligence cases are settled without a trial.

What can affect how long a medical negligence claim may take?

Several factors can influence the duration of a medical or clinical negligence claim, such as:

• The evidence. The availability and strength of evidence can significantly affect the duration of your claim. This can impact various stages of the claims process, including investigation, negotiations and a potential trial. For example, if evidence is incomplete or difficult to obtain, it may prolong the investigative phase. Likewise, if you have compelling evidence that clearly establishes liability, the defendant may be more inclined to settle quickly during negotiations. Overall, solid and convincing proof can help expedite the process, while weak or insufficient evidence may lead to delays.
• Liability disputes. If the other side denies liability for your injuries, this often extends the duration of a claim. Both parties will seek to gather additional evidence or expert testimony to support their position. If you cannot reach a settlement through negotiations, your case may proceed to litigation. That can involve filing court documents and ultimately arguing the case before a judge, which can add months or years to the claims process.
• The injuries suffered. The extent and severity of the injuries you suffered can significantly impact the duration of a medical negligence claim in several ways. Severe injuries often necessitate ongoing medical treatment and rehabilitation. Their prognosis may not be immediately apparent, and it can take a long time to assess their long-term effects, all of which can prolong the duration of the claim. Moreover, their severity will impact the value of the claim, which will lengthen negotiations.
• The complexity of the case. Complex cases often require extensive evidence gathering, including medical records, expert opinions, witness statements, and other documentation. Obtaining and organising this evidence can be time-consuming. Cases involving multiple defendants or parties can also be more challenging to resolve and take longer to conclude.
• The estimated value of the claim. Claims with higher estimated values often take longer to negotiate a settlement as both parties seek a favourable agreement. Assessing the extent of your losses can also take much longer, and you may require input from multiple experts. According to NHS Resolution, claims valued under £25,000 take an average of 725 days to settle, while claims valued at over £1M take an average of 1,848 days.
• Negotiations. Typically, both parties will make multiple offers and counteroffers before reaching a settlement that everybody finds fair. Each round of the negotiations requires careful consideration, which can make this a lengthy process that can take months or even years. These may also be affected by changing circumstances, such as new evidence coming to light or changes in your medical condition.
• Court proceedings. If you cannot settle and your case goes to trial, this can add a lot of extra time to the claims process. Court schedules can be busy, and it may take up to a year to secure a trial date. Many unforeseen circumstances and administrative issues can also lead to delays. Furthermore, the court’s decision can be appealed, resulting in further litigation.

How long do medical negligence claims take to settle on average?

It is difficult to say how long a medical negligence claim will take without having all the details. As seen above, this depends on various factors, such as the availability of evidence, the estimated value of your settlement and whether your case proceeds to court. A rough estimate for medical negligence claims is 2 to 3 years.

That said, where the case is straightforward and involves minor to moderate injuries, it may be resolved in less than a year. On the other hand, particularly complex, high-value claims can take more than five years to conclude. Thus, there is no one answer to the question, ‘How long does a medical negligence claim take to settle?’

What can I do to speed up the claims process?

There are a few things you can do to try and settle your claim as soon as possible, such as:

• Do not hesitate to get in touch with a solicitor as soon as you become aware of the negligence and the possibility of making a personal injury claim;
• Fill out all the forms they send to you without any delay and give them as many details as possible about what happened;
• Provide any documents and information your solicitor needs from you promptly;
• Maintain good communication with your solicitor throughout the claims process and attend any appointments they make on your behalf as scheduled;
• File a formal complaint with the hospital or doctor who treated you. This should be followed by a formal investigation of your case, which can save time in terms of investigating the merits of your claim;
• Try to gather as much evidence related to your losses and keep it well organised.

If you are in a hurry to receive your compensation, you may also accept an early-stage settlement from the other side. Solicitors typically advise against this, as your claim could be worth much more once you have all the facts.

Will I have to go to court?

The majority of personal injury claims are settled without a trial. This brings several advantages to both parties, such as:

• It saves them time and money
• It is less stressful
• The two parties have complete control over the outcome of the claim
• Any settlement agreed upon is final and cannot be appealed
• Unlike a court trial, the details of the case are private and not accessible to the public

According to reports from NHS Resolution, only 56 cases of the 15,674 they settled in 2020/21 went to court. The other claims were resolved with (3,914) or without (11,704) court proceedings but did not reach trial. Several reasons for which your case may go to court include:

• The defendant does not admit liability for your injuries
• You cannot agree on what would be a fair settlement to cover your losses
• The other side or their insurer is slow to respond or unresponsive during the claims process
• Your case is particularly complex, or you are asking for significant damages
• You want to apply for interim payments

What are interim payments?

An interim payment is an amount of money that you could receive from the total pot of compensation before the end of your claim. It is meant to help you cover any immediate financial needs, such as:

• The cost of travelling to medical appointments
• Private medical care, counselling and rehabilitation
• The cost of care and assistance with daily tasks
• Modifications to your home or vehicle to accommodate a disability
• Medical aids
• Make up for lost wages if you cannot work due to your injury

Based on your circumstances, you may ask for a single interim payment or multiple monthly or yearly payments. However, you are only eligible for interim payments if you meet some conditions, such as:

• The other side has admitted liability for your harm;
• All the evidence shows that a trial is likely to go your way;
• You have a good reason to request this payment;
• You are asking for a reasonable amount that is less than the total compensation award you can expect to receive.

As medical negligence cases can take several years to conclude, interim payments can be essential for victims of negligence. Any compensation you receive before the case settles will be deducted from your final payment.

What is the time limit to make a medical negligence claim?

The time limit for medical negligence claims is generally three years under the Limitation Act 1980. This limitation period begins from the date you received negligent treatment or from when you became aware of it (the date of knowledge). Some exceptions apply:

• With child injury claims, the three years only begin to run on the child’s 18th birthday. Afterwards, if an adult did not represent them before that, they have until turning 21 to start a claim.
• If the injured party cannot handle legal proceedings due to a condition that affects their mental capacity, the time limit is suspended. In this case, a litigation friend could claim for them at any time.
• If you lost a loved one due to a medical mistake, you have three years to start a claim after their death.

Do medical negligence solicitors work on a No Win No Fee basis?

Yes. All the solicitors we partner with will offer you a no win no fee* agreement if you have a fair chance of receiving compensation. You will not have to pay anything upfront, and your solicitor will only get a success fee if you win the claim. This fee can be up to 25% of your settlement and will be agreed upon from the beginning.

As part of this service, you will also have After the Event (ATE) insurance against the costs incurred during litigation. These include medical reports, expert witness fees and the defendant’s expenses. Thus, if your claim is unsuccessful, you will not lose a single penny.

If you want to start a claim or learn more about ‘How long does a medical negligence claim take?’, do not hesitate to contact a personal injury solicitor by calling the freephone 0800 470 0474. Or, if you prefer, use our contact form to request a call back.