If you’re thinking about making a medical negligence claim, you’re probably wondering how long the process will take. Unfortunately, because every case is different, there’s no straightforward answer to this question – the timeframe for receiving medical negligence compensation varies greatly depending on your case and its complexity, but on average a medical negligence claim can take upwards of 2 years to reach settlement.
That said, in this guide we’ll break down the factors that can affect the length of a claim and provide an estimated timescale for each stage of the process to help give you an idea of how long it could take for your claim to be resolved.
If you’re thinking about making a medical negligence claim, the legal experts at the Medical Law Partnership are here to help. Start your claim online and we’ll be in touch for a free, no-obligation consultation.
How long does a medical negligence claim take?
As we’ve already mentioned, the length of time it takes for a medical negligence claim to be resolved will vary from case to case, so it’s impossible to give a definitive answer. However, one of the biggest factors that affects how long the process takes is the complexity of the case.
As a general rule:
- Simple cases are usually resolved in around 12 to 18 months. In these cases, the negligence and resulting harm are often clear, and the defendant will typically admit liability early in the process. This means minimal investigation or expert evidence is required, which helps speed things up.
- Moderately complex cases are usually resolved in around 18 months to 2 years. A case could be considered moderately complex if there are some areas of dispute (such as the extent of the injury or the level of compensation that should be awarded) and additional medical reports, expert opinions, or prolonged negotiations are required.
- Complex cases often take more than 2 years to resolve. These cases often involve severe, life-changing injuries, multiple healthcare providers, or disputed liability. They can be particularly lengthy if court proceedings are required.
What other factors can affect the length of a claim?
- The time it takes to gather evidence: Collecting medical records, witness statements, and independent expert reports can be a time-consuming process, especially if multiple healthcare providers are involved or your records prove difficult to get hold of.
- Whether liability is admitted or disputed: If the defendant admits liability early on, your solicitor can move straight to negotiating a settlement. However, if liability is denied, further investigation and evidence gathering will be required.
- Cooperation between parties: Efficient communication and willingness to negotiate can help move the case forward quickly, while slow responses or disputes over disclosure can cause unnecessary delays.
- Court involvement: Most medical negligence claims are settled out of court. However, if a fair settlement can’t be reached and the case goes to court, this will add extra time to the process.
Estimated timescale for each stage of the claims process
While every case is different, it can be useful to understand what happens at each stage of a medical negligence claim, and roughly how long each step can take. Below, we’ve outlined the key stages of the process and the typical timescales involved.
1. Gathering evidence and investigating
The first stage of the process involves gathering and reviewing all the evidence needed to determine whether you have a strong case to take forward. Your dedicated paralegal will request your medical records, take witness statements, and consult independent medical experts to understand what happened and assess whether the care you received fell below an acceptable standard. You can find out more about the evidence gathering stage in our guide: How Do You Prove Medical Negligence?
The time this takes can vary depending on how quickly medical records are obtained and how long it takes experts to provide their reports. Straightforward cases may move through this stage in a few weeks, while more complex cases can take several months.
2. Drafting the letter of claim
Once enough evidence has been gathered and it has been established that your case is strong enough to pursue, you will be assigned a specialist medical negligence solicitor, who will prepare a detailed letter of claim outlining the allegations of negligence and the impact it has had on your life. This letter is sent to the defendant (for example, the hospital or GP practice) and sets out the legal and factual basis of your case.
In simpler cases, drafting the letter can be completed within a few weeks; in more complex cases, it may take longer to ensure that every allegation is supported by clear, accurate evidence.
3. Negotiating a settlement
After receiving the letter of claim, the defendant usually has four months to respond, either admitting or denying liability. If liability is admitted, negotiations can begin to agree on a fair amount of compensation.
This stage can vary significantly in length depending on how cooperative the defendant is and whether the parties can reach an agreement without going to court. Straightforward negotiations may conclude in a few months, while cases involving ongoing disputes over compensation may take longer to finalise.
4. Court proceedings (if required)
It’s fairly uncommon for medical negligence cases to go to court – after all, it’s more time and stress for both parties if the claim can’t be settled out of court. But if a settlement can’t be reached, your solicitor may advise starting court proceedings.
This doesn’t necessarily mean the case will go to trial – in fact, most claims end up being resolved before a hearing takes place. However, the formal court process involves several stages, including exchanging evidence, attending case management hearings, and preparing witness statements and expert reports.
Because of the legal complexity and scheduling of court dates, this stage can take anywhere from a year to two years or more. Your solicitor will continue to work towards settling your case wherever possible, even after proceedings have begun.
Get the compensation you deserve with the Medical Law Partnership
If you or a loved one has suffered as a result of medical negligence, you may be entitled to compensation. You shouldn’t be put off from making a claim just because you think your case might take a long time to resolve – the Medical Law Partnership will be with you every step of the way, simplifying the process and taking care of all the legal complexities on your behalf.
There’s no need to worry about the financial side of things either – we operate on a no-win, no-fee basis, which means you won’t pay anything if your claim is unsuccessful.
To get the ball rolling, all you need to do is get in touch for an initial consultation. It’s completely free, and there’s no pressure to progress to the next steps if you don’t feel ready.Start your medical negligence claim with the Medical Law Partnership today.