In this guide, we will aim to answer the question, “How long does an NHS medical negligence claim take?” However, before we begin answering this question, we need to address what medical negligence is. All medical professionals and healthcare providers owe a duty of care to the patients they agree to treat. So, as soon as you become a patient, you are owed a duty of care. This means that the service, care, and treatment you receive should meet the correct standard.
It is only when this duty of care is breached, for example, you are not referred to a specialist when you are showing clear signs of a serious disease or illness, and you suffer harm that could have otherwise been avoided due to the breach, can a claim be made.
This guide will also take a look at how long a medical negligence claim could take should it need to go to court and, importantly, how long you have to file such a claim before it becomes statute-barred.
Finally, our guide will touch on how one of our No Win No Fee medical negligence solicitors could help you. While you aren’t obligated to make a claim with a solicitor, it can make the process feel less stressful.
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Our team of advisors are here to help if you’d like to learn more about medical negligence claims. Whether you want to make a claim against an NHS hospital or a private healthcare provider, our advisors will evaluate your claim fairly and for free.
To get in touch, you can:
- Contact us online
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Select A Section
- How Long Does An NHS Medical Negligence Claim Take?
- How Long Does An NHS Medical Negligence Claim Take If It Goes To Court?
- How Long Do I Have To Make A Medical Negligence Claim?
- How Can Medical Negligence Assist Help Me?
- Discover More About Time Limits In Medical Negligence Claims
How Long Does An NHS Medical Negligence Claim Take?
So, how long does an NHS medical negligence claim take? All medical negligence claims are different. This means that there is no average length of time that a medical negligence claim will take to settle. However, we can explain some of the factors that will dictate how long a compensation claim takes to conclude.
The factors that can affect how long a claim can take include:
- How much evidence you can provide
- Whether the other party is prepared to accept liability
- How severe the harm you suffered was
- How long it takes to negotiate a settlement
- Procuring medical examinations, witness statements, and other proof
- Whether or not your claim goes to court, and how long court proceedings are expected to take
For help in learning how to prove a medical negligence claim, or to find out if you could make an NHS negligence claim, contact our team today. Or, read on to learn more about how long a medical negligence claim takes.
How Long Does An NHS Medical Negligence Claim Take If It Goes To Court?
Not all medical negligence claims go to court. According to NHS Resolution, 77% of claims in 2021-22 were settled out of court. However, if a claim does need to be heard in court, this will extend the time it takes to settle. If a medical negligence claim is settled before it is heard in court, it could take around 12 months to 2 years; this is only a very rough guide and applies to cases where liability is not an issue.
Medical negligence claims can be more complex and may not be straightforward. Evidence from personal injury claims, such as CCTV, can be used to establish liability, but this is not the case with clinical negligence claims.
The Bolam test may be used in your case. This is where a panel of relevantly trained physicians in the same area of medicine look at the standard of care the patient received. They will need to decide whether the medical service that was provided matched that of a competent practitioner.
Contact our team to find out if a medical negligence solicitor could help you make a compensation claim for NHS negligence or to learn more about court proceedings.
How Long Do I Have To Make A Medical Negligence Claim?
If you decide to make a medical negligence claim, you must begin it within the correct limitation period as set in the Limitation Act 1980. Generally, the limitation period is 3 years. This can begin from the date the medical negligence occurred or from the date of knowledge, which is when you first connected the harm you suffered with a breach in the duty of care owed to you.
However, there are two main exceptions:
- For minors, those under 18 years old who are unable to make a medical negligence claim themselves. A responsible adult, such as a parent or guardian with the child’s best interests, can apply to the court and ask to become a litigation friend so that they can pursue the claim on the child’s behalf. If no claim is made for the child, then they will have 3 years from their 18th birthday to pursue the claim for themselves.
- Those who do not have mental capacity needed to pursue a medical negligence claim. Again, a litigation friend here could make the claim on their behalf. If no claim is made by a litigation friend and the injured party recovers mental capacity, they will have 3 years from this recovery date.
To find out if you are within the medical negligence claim time limit, please call our advisors now for free advice.
How Can Medical Negligence Assist Help Me?
If you’re still wondering, “How long does an NHS medical negligence claim take?”, one of our medical negligence solicitors may be able to help. While you aren’t obligated to work with a solicitor, we recommend you seek legal advice before starting a claim for NHS compensation.
Our solicitors have years of experience in medical negligence, and can use this experience to help guide you through the claims process by answering questions, collecting evidence, and helping you negotiate a settlement.
Plus, our solicitors work on a No Win No Fee basis. They do this by offering their clients a Conditional Fee Agreement (CFA).
When you work with a solicitor under these terms, you don’t need to pay them in order to start work on your claim. Similarly, if your claim isn’t a success, you won’t be asked to pay them for their services.
Your solicitor will take a success fee from your compensation in the event that you make a succesful claim. While this is taken as a percentage, it is limited by a legal cap. This helps to make sure that you keep the majority share of your compensation.
Contact Us
To get in touch, you can:
- Contact us online
- Use the live chat feature
- Call us on 0800 652 3087
If you’d like to explore working with one of our No Win No Fee solicitors on your medical negligence claim, get in touch with our team of friendly advisors today.
Discover More About Time Limits In Medical Negligence Claims
For more informative medical negligence claims guides:
- Learn about how long you have to claim against the NHS
- Find out how to claim for poor care in a hospital
- Get help making a compensation claim for a misdiagnosed blood clot
For more helpful resources:
- Get guidance on court proceedings from Gov.UK
- Learn how to make a complaint to the NHS
- Find out when to call 999
Thank you for reading our guide. We hope we have answered the question, “How long does an NHS medical negligence claim take?”