How Long Does A Medical Negligence Claim Take To Settle?

How long does a medical negligence claim take? The answer is not a straightforward one, as each case has unique features and is subject to a range of outside forces that can affect the duration of the claims process.

To help answer this question, we’ve created this page to examine everything that can influence the passage of a medical negligence claim and explain these factors as clearly as possible. Moreover, there are certain things that can be done to potentially help speed a claim along. So, you’ll see information on the types of evidence you can provide, as well as making sure your claim is brought within the relevant time limit.

We also look at how our solicitors could help you seek compensation. In particular, we explain how a specific type of No Win No Fee agreement could benefit you and your claim.

To get a free assessment or ask any questions that arise as you read our guide, please use the details given here:

A woman receiving a diagnosis after incorrect treatment by her healthcare professional left her harmed.

Browse This Guide

  1. How Long Does A Medical Negligence Claim Take?
  2. What Factors Will Determine The Length Of A Claim?
  3. Can I Do Anything To Prevent Delays With My Claim?
  4. What If A Medical Negligence Claim Has To Go To Court?
  5. What If I Need Specialist Medical Treatment Before My Claim Is Settled?
  6. Get Legal Advice From Medical Negligence Solicitors UK Co
  7. Learn More

How Long Does A Medical Negligence Claim Take?

How long a medical negligence claim takes varies from case to case. After all, factors like evidence, what caused the avoidable harm, and a medical professional’s conduct all need to be properly assessed.

What Factors Will Determine The Length Of A Claim?

Multiple factors will determine the length of a claim. Below, we have set out a range of different factors that can impact how long it takes for a medical negligence claim to settle fully:

  • The severity of the harm: More serious harm may require ongoing treatment and have a greater impact on your daily life. Therefore, it may take longer to properly assess your condition and prognosis. 
  • If the patient can start a claim for themselves: Children and those lacking sufficient mental capacity require a suitable adult to claim on their behalf. The alternative is to wait until (and if) the individual is able to pursue legal action themselves. You can find out more about this aspect of claiming later on in this guide.
  • Gathering evidence: For example, there could be a delay in getting copies of your medical records or recovering misplaced financial documents. The process of gathering evidence can also be time-consuming, particularly for complex cases.
  • How soon liability is admitted: If your healthcare provider admits liability straight away and in full (such as for a cancer misdiagnosis), the claim will move a lot quicker. However, the process may take longer if certain facts are disputed or liability is refused entirely.
  • Whether the claim goes to court: Most claims settle out of court, but there are rare instances where that is not the case (such as if negotiations over compensation end in failure). In such cases, your solicitor might need to make additional preparations, and there may be a wait for your claim to be heard.

We’ll get into greater detail on these factors throughout this guide. If you have any questions about your specific circumstances, talk to our team today.

Can I Do Anything To Prevent Delays With My Claim?

Fortunately, there are a few things you can do to prevent delays with your claim. Primarily, these involve gathering as strong a body of evidence as you can and following time limits.

Evidence In Medical Negligence Claims

Evidence is key to not only proving medical negligence but also helping solicitors negotiate the fairest settlement for their clients. If what you’re claiming for is backed by evidence, negotiations over compensation can move much quicker.

Some possible evidence that can be used in medical negligence cases includes:

  • Your medical records could reveal what led to a misdiagnosis, provide details about the negligent treatment you received from a GP, or show what additional procedures you underwent. These notes could include scans, test results, surgical reports, and examination notes.
  • Persons who attended your appointments or were present for surgeries can provide witness statements. Be sure to hand over their contact details to your solicitor so they can be interviewed.
  • If the Bolam test is used, the report can make up part of your evidence. The test involves selected medical professionals assessing the care you received and determining whether the correct standards were met.
  • Documents detailing any financial losses related to the unnecessary harm you experienced. For instance, payslips, receipts for purchases of wheelchairs, invoices for home modifications, and bank statements for domestic care.

Time Limits In Medical Negligence Claims

The time limits for medical negligence claims are set down by the Limitation Act 1980, which stipulates that you generally have 3 years to start a claim. There are 2 dates from which this may be counted:

  • The date you received the substandard care.
  • The date of knowledge for when you reasonably connected the avoidable harm you suffered with the standard of care received.

For instance, you may have suffered a perforated bowel due to a surgical error during a bowel surgery operation. However, it may not be immediately apparent that that was the cause of the condition.

Now, we touched on time limit exceptions and how they may affect how long a medical negligence claim takes. Children can only claim once they reach 18, and those who are mentally incapacitated can only claim if they recover to a sufficient degree. 

In order to avoid any possible delays while time limits are on hold, a suitable adult (from loved ones to solicitors) may apply to be the patient’s litigation friend to help start a claim. Litigation friends have decision-making powers over the claim and are required to act in the person’s best interests. The Court Funds Office (CFO) holds compensation awarded to minors until they turn 18.

You can find out more about time limits and what being a litigation friend involves by speaking to one of our advisors. 

Solicitors examining evidence for a medical negligence compensation claim.

What If A Medical Negligence Claim Has To Go To Court?

How long does it take to settle a medical negligence claim if it has to go to court? There is no set timeframe for court proceedings since a range of factors may affect the duration. The positive news is that the vast majority of claims settle out of court, so this really isn’t something you need to be concerned with. 

Medical negligence claims follow the Pre-Action Protocol for the Resolution of Clinical Disputes. The overall aim of the protocol is to facilitate a settlement as soon as possible and avoid a potentially lengthy court case. Your solicitor will guide you through the process, ensuring all the relevant documents are sent off when they need to be, and your claim has the right supporting evidence. 

What If I Need Specialist Medical Treatment Before My Claim Is Settled?

If you need specialist medical treatment before your claim is settled, you may be able to apply for an interim payment. This payment can help fund urgent medical needs and is taken as a proportion of your compensation before a claim concludes.

You may be eligible for an interim payment if it seems likely that a claim will be settled in your favour or the other party has admitted liability. To find out more about interim payments and their benefits, you can get in touch with our team. 

Get Legal Advice From Medical Negligence Solicitors UK Co

You can get free legal advice from the team here at Medical Negligence Solicitors UK Co 24 hours a day. Our advisors are always ready to take your call, provide further guidance, and assess your eligibility claim for free. 

Our solicitors offer eligible claimants highly desirable No Win No Fee terms under a Conditional Fee Agreement (CFA). This contract protects the claimant from solicitor fees at:

  • The beginning of the claim.
  • During the actual process itself.
  • If a claim is lost.

Your solicitor will only take a payment for their services only if you receive compensation. This success fee is agreed to at the start and is taken as a small proportion of your compensation. The Conditional Fee Agreements Order 2013 puts a cap on the percentage that can be charged for success fees, so you can rest assured from the very beginning that most of the compensation will be yours.

Contact Our Solicitors

To ask our team, “How long does a medical negligence claim take?” or to get a free eligibility assessment, use any of the contact information provided below:

A client in a blue shirt asking their solicitor "how long does a medical negligence claim take to settle?"

Learn More

You can read further on medical negligence claims by browsing these guides:

We have also included a number of external resources that you may find helpful:

We’d like to thank you for taking a moment to read this page. Please reach out to our team for further information concerning the question, “How long does a medical negligence claim take?”