How Long Does A Cauda Equina Claim Take?
A cauda equina claim can be a long process that takes a number of years to complete. It is important you appreciate this before the claim begins, as you need to be mentally prepared for what lies ahead.
Why does a claim take so long?
Medical negligence claims typically take around two to three years to complete. More complex claims can last even longer.
It takes this amount of time because there are many different steps that must be completed. For instance, one of the first things your solicitor will do will be to obtain all your medical records. These may be spread across your GP practice, various hospitals, walk-in clinics, physiotherapy services and other medical settings. It can several months before each organisation has collated your records and sent them to your solicitor.
Another element that can slow things down is obtaining medical reports. We will ask one or more medical experts to examine you, after which they will write a medical expert report. We only use the best clinicians, so there may not be an immediate appointment available.
All these things can prolong the claims process so that it takes two or three years to complete. Cauda equina claims can be complicated and so they can take more three years.
How much will I be involved?
Making a medical negligence claim for three years can be a daunting prospect. Some people will state at the outset that they do not feel well enough, despite the fact they have strong grounds for a claim. This is understandable and you do not have to proceed if you do not want to.
However, it is worth remembering that your solicitor will do the majority of the work. You will need to be involved, particularly with things such as giving a witness statement and attending medical appointments. You will also receive regular contact from your solicitor, via phone, email and post. Otherwise your legal team will do everything on your behalf.
Can I make a claim later on?
It is also important to note that if you do not start a claim within three years of the event, you will not be able to make a claim at all. This is because all medical negligence claims are subject to a three year limitation date, meaning you only have three years after the negligent act to issue proceedings. The only exceptions are if you had a later date of knowledge, do not have mental capacity or are under the age of 18. Therefore you cannot delay in making a claim.
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For more information on making a cauda equina claim, please get in touch with us today.
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