How Long to Claim for Medical Negligence?
There are really two parts to this question which need to be considered: how soon after a medical incident does a claim for negligence need to be commenced; and how long does it take to complete a claim once it has been started.
Starting a medical negligence claim
The timeframe within which a claim for medical negligence should be commenced is fairly straightforward, although there can be some debate.
Generally speaking, the law requires that a claim for medical negligence should be initiated within three years of the date of the alleged negligence. This means that a claim has to be issued with the court by that date. It is not the date by which an individual should engage a solicitor. If you believe that you or a loved one have been the victim of medical negligence, you should contact a specialist solicitor as soon as possible so that they have plenty of time to investigate your claim before the deadline.
There are occasionally circumstances where this date can be extended when it can be demonstrated that the claimant did not know that they had been the victim of negligence until a later date. For example, where a woman struggles with incontinence for a couple of years before she is informed that she suffered an undiagnosed third or fourth degree tear during the birth of her child.
Speak to a specialist medical negligence solicitor to get the best advice about your own circumstances.
How long does a claim last for?
It is not easy to predict how long it will take for a claim to settle once you have instructed a solicitor to work on your behalf.
It depends on many different factors including the following:
- The availability of medical experts to examine your medical records and write their reports, especially where it is necessary for you to be examined in order to assess your current health and future prognosis. The best medical experts are inevitably busy.
- The extent to which you or your loved one have been affected by the negligence and the time needed to investigate that impact. The more varied and severe the nature of the impact, the longer it may take for it to be fully assessed by experts in their field.
- How promptly the Defendant responds to the details of the claim and further aspects of the case
- Whether or not the Defendant accepts that negligence has occurred and that your symptoms are a result, in full or in part, of that negligence
- How easily the parties come to an agreement about the level of damages which are appropriate
- Where settlement is not achieved easily and the case needs to go to court, which is rare, there is then the question of the availability of the Court and the witnesses who need to participate.
If a case is straightforward and liability is acknowledged at an early stage, it may be possible to settle a claim within 2 - 3 years.
Where the impact on you is particularly complex or where liability is disputed by the Defendant, it can take considerably longer before a fair resolution is achieved.
Speak to a specialist
For all the above reasons, it is advisable to contact a legal specialist as soon as you think that you or a loved one have been the victim of medical negligence. They will be able to obtain your medical records and instruct the best medical experts to assess the quality of your care.
Glynns Solicitors is a dedicated medical negligence legal practice with a team of experienced solicitors who are specialists in this field of law. Contact us today to talk to one of the team about the suitability of making a claim for compensation.
Please call us free on 0800 234 3300 or complete our Online Enquiry Form.
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