Clinical Negligence News

Why clinical negligence claims can take so long to settle - Stephen Lewis

Parties involved in a clinical negligence claim will not wish to encounter needless delays. However, as a Claimant you have to be prepared for the fact that clinical negligence litigation is, in most cases, a long-drawn out process between the time when the injury was suffered and a settlement or an appearance in court.

The majority of the simplest cases can be dealt with within 18-24 months but more complicated matters take longer.

The solicitor handling a claim is dependent on other parties being efficient and co-operative, and this is frequently not the case.

Initial Investigations

Although it is impossible to give very precise estimates, as a general rule, it will take at least 12 months to complete the investigative phase of any case. If it is complicated, it can take twice as long as this.

During the initial investigation alot of time can be spent obtaining all of the relevant medical records and other relevant documentation from the Defendants and any other parties.

Sometimes it may be necessary to have a preliminary Court hearing, just to obtain all the necessary documents, and this can lengthen the time it takes to investigate the claim.

Once all the medical records have been obtained then it is necessary to instruct medical experts from relevant fields of expertise to address the issues.

Medical Evidence

Obtaining opinions from medical experts can often delay matters due to the availability of such experts and the complexity of the clinical issues involved in a claim. The experts used in clinical negligence cases are almost always practising clinicians themselves. They all have very demanding schedules and, as a result, they often require a considerable amount of time to produce a report. Therefore, it can take several months for reports to be prepared.

It may also be necessary to organise a meeting with a barrister and the medical expert(s) to discuss the medical evidence once it has been received. The purpose of such a meeting will be to:

establish the prospects of success in the claim;
consider if further treatment is needed by the Claimant to improve their condition;
consider if the medical expert(s) is/are able to give a final prognosis.

If the prognoses for a condition are uncertain as a result of clinical negligence, such as a birth injury then it is often wise, or even necessary, to wait until the situation becomes clearer before quantifying the claim.

Once the clinical negligence has been fully investigated and a viable claim has been established, the process of putting allegations to the Defendants begins.

Quantifying the Claim

In order to successfully negotiate a claim, the Claimant's solicitors must ensure that the case has been quantified. This is done by obtaining further medical expert evidence on the Claimant's ongoing condition and prognosis and involves the Claimant being assessed by the expert.

Court Proceedings

Similarly, if a clinical negligence claim is defended and has to go to trial at Court then the length of time which the claim may take will depend upon the difficulty of the claim.

The first step in formal proceedings includes establishing the particulars of claim which sets out the causes of action against the Defendants and securing their response to these allegations. This can take several months. However, this should not be thought of as a delay as it is an essential part of the process and should not be rushed.

The Court's timeframe is best estimated in years, rather than months. In normal circumstances this is likely to be no more than 2 years.

Conclusion

It is difficult to predict how long a clinical negligence claim will take as each case is different. It will depend on how complicated the matter is and the complexity of the injuries sustained. It will also be dependent on whether the parties are able to reach a settlement without having to commence Court proceedings.

It is important to remember that a person affected by a potential clinical negligence case should contact a solicitor as soon as possible as there are time limits for bringing a claim.

If you would like further information regarding any clinical negligence matter, then please contact one of our clinical negligence team on 0151 947 9381.

Stephen Lewis

This article provides a summary of a recent case/change in law/news item. It is intended for general information purposes only and is not to be relied upon. It does not constitute legal advice and should not be treated under any circumstances as a substitute for legal advice. Lees Solicitors LLP does not accept any responsibility for any loss that may arise from reliance upon the information contained within this article. The copyright in this article is owned by Lees Solicitors LLP and permission must be sought before reproduction or publishing.

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