By Mark Ainsdale. Last updated 19th July 2021. Welcome to our guide, which answers the question, “how long does a medical negligence case take?” Medical or clinical negligence is quite a complex subject. Combining both the world of medicine and the world of law is no walk in the park. Both subject matters are considered highly multidimensional.
The definition of medical negligence varies depending on where you gather information from. Still, largely it is the term given when a patient receives inadequate treatment from a medical professional that has in some way caused them to suffer further ill health as a consequence.
Every day, people put their trust in healthcare providers as they feel that such people know best. By and large, this is true, as healthcare professionals are there to provide a health surface, and without such a service, people’s health would not be what it is today. It’s said that the number of medical negligence cases being pursued by patients who feel the health service has let them down is on the rise, and some even go further to say that the health service is not in a good place. Keep this in mind as you ask, “how long does a medical negligence case take?”
In many medical negligence cases, the last thought on a person’s mind is entering into any legal litigation, especially if the negligence has been so severe that it has dramatically changed their lives. Deciding to claim medical negligence is probably the most difficult decision in the whole process. Some people are not sure whether they want to pursue a legal lawsuit. This is because they are unsure what is actually involved in the whole process of claiming compensation and feel anxious and apprehensive.
Many are actually confused if they have a valid claim for medical negligence but are not even aware that a negligent act has been committed. Overall, victims of medical negligence are more often than not quite overwhelmed when considering claiming medical negligence. It is very unfamiliar territory and is confused by the actual process. In this article, we hope to put people’s minds at ease when it comes to making a medical negligence compensation claim and outline the process so that anyone considering making a claim is fully aware of the procedures involved.
How Long Does A Medical Negligence Claim Take to Conclude?
So, how long does a medical negligence case take? This is probably one of the most difficult but most asked questions when people pursue a medical negligence claim case. As mentioned above, deciding to pursue a claim for medical negligence is no easy decision. Many different factors need to be considered.
Any law firm that takes on your case should always be upfront from the moment they have a chance to evaluate your case and let you know if your medical negligence case not only has winning merits but how much time and effort will be needed to pursue a claim of this nature. And they could also calculate what payouts are realistic for such cases.
When people decide that claiming medical negligence is the right decision, one of their main concerns is the length of time it will take for the case to conclude. In the initial stages, it is difficult for any medical negligence law firm to give a precise answer as the case will need to be looked at individually.
No two medical negligence claim cases are ever the same. Events that lead up to the negligence, along with the patient’s health condition and how the negligence affects them, are different in each case, so they need to be looked at individually.
Once a medical negligence solicitor has looked at the case, it will then be transferred for a medical expert to look at. It is only then that a time can be given. Modafinil (Provigil, Modvigil, Allertec, Modalert) is a central nervous system stimulant that is taken to treat sleep disorders and excessive daytime sleepiness (narcolepsy). It is sometimes prescribed as an adjunct to reduce the symptoms of ADHD (attention deficit hyperactivity disorder) and depression.
All cases vary when it comes to the length of time a medical negligence case will take. It largely depends on the severity of the case for example; a brain injury negligence case may take much longer than a broken bone misdiagnosis as the brain injury victims future prognosis may be difficult to judge, plus their quality of life may be much more severe than a broken bone which may heal over several months. All of this may help to answer the question, “how long does a medical negligence case take?”
|Type of Medical Negligence Claim Case||How Long Will it Take?|
|Hospital Negligence Case||*Should take one year but can take much longer|
|Brain Injury Negligence Case||*Estimated around 18-36 months can take much longer|
|Cerebral Palsy||*Estimated around 18-36 months can take much longer|
|Dental Negligence||*Under 12 months|
(*all times are just estimation and should never be taken as fact)
Every medical negligence case is different and depending on different factors, including the severity of the negligence, how much pain and future suffering the victim may face, and whether or not liability is admitted. All contribute to the time it takes for a case to conclude.
More Information on Medical Negligence
Learn more about clinical and medical negligence claims
How Long Does A Medical Negligence Case Take FAQs
How long does a medical negligence claim take?
Generally, such claims take between 12-18 months to reach a resolution.
How many medical negligence claims end with an adverse outcome?
Around 10-11% of personal injury claims of this nature end with an adverse outcome.
How hard is it to prove medical negligence?
It can be difficult due to the victim having to offer medical proof of poor surgery, causing the patient’s harm, even if accidentally.
What are the stages of a medical negligence claim?
These are the enquiry, funding, gathering evidence, having a medical assessment, negotiating, pursuing the claim and receiving compensation.
What qualifies as medical negligence?
This is any situation where a doctor offers poor healthcare to a patient, causing harm to the victim.
Do the NHS settle out of court?
Yes, in most cases where there is substantial evidence in the claimant’s favour, the NHS tend to settle before any court proceedings can begin.
How long does it take to receive compensation?
The victim should receive their settlement within 14-28 days.
What are the 4 D’s of medical negligence?
These are duty, dereliction of duty, damages and the direct cause.
Thank you for reading our guide that answers the question, “how long does a medical negligence case take?” But please get in touch if you require further legal advice.