How Long Does a Medical Negligence Compensation Claim Take?
A successful compensation claim for medical or clinical negligence can be life-changing. At an emotional level, it can provide a sense that justice has been done, and the negligence and its impact have been acknowledged.
In financial terms, it can provide recompense for the losses which the victim has already incurred as well as future anticipated financial losses. This may include costs of care and loss of income if employment has become limited or impossible due to the effects of the negligence. It may also include the costs of alterations to accommodation where this is necessary.
Obtaining the evidence
However, medical negligence compensation claims can be extremely complex.
Initially, it is necessary for the claimant's solicitors (the claimant is the person making the medical negligence claim) to obtain and thoroughly assess the relevant medical records. Respected medical experts will need to be consulted to obtain reports as to whether or not, in their opinion, any negligence has, in fact, occurred. If so, do they believe that it is responsible for the claimant's symptoms and difficulties, and to what extent.
Furthermore, expert assessment of the claimant's medical condition and future prognosis will also need to be arranged.
Such reports require the meticulous attention of an expert in their field and this is inevitably a time-consuming process.
Assessment of the financial impact of the negligence can also be time-consuming. Experts may need to assess the claimant's care needs, their accommodation needs as well as identifying what future loss of income may need to be taken into consideration.
Negotiation and settlement
A significant factor may be whether or not negligence and causation of the claimant's symptoms and associated difficulties are admitted.
The Defendant (the hospital or medical practitioner being sued) may wish to obtain their own medical reports and expert opinions which can also take time.
If it does not prove possible to reach a negotiated settlement between Claimant and Defendant, it may be necessary for the claim to go before a judge. This will require the availability of the court and the judge as well as the relevant medical experts who may act as witnesses for both claimant and defendant.
Timely settlement of compensation claim
A prompt settlement is most likely where fault is admitted, where causation is clear, and where there is a willingness to negotiate.
If more than one individual or organisation or medical facility have contributed to the Claimant's poor long-term outcome, the length of time of the process is likely to increase.
Speak to a solicitor
If you believe that you or a loved one have been the victim of medical negligence, it is best to obtain the support of a specialist legal firm as promptly as possible. It is easiest to recall events that have occurred more recently and the sooner the process is started, the sooner it will be completed.
Glynns Solicitors are specialists in medical negligence compensation claims. Contact us today to talk to one of our tam of expert lawyers about the suitability of making a claim for compensation.
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