How long does a medical negligence claim take?
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The reality is, there isn’t a simple answer to this question. As legal specialists, it is our duty to be transparent and upfront about the process behind making a claim. A medical negligence claim can take upwards of 18 months to settle, dependant on the complexity of the case.
In fact, even in cases where there are similarities, complications and objections can and do arise. As negligence claims specialists, this is where we come into our own. If you are looking to make a claim, be sure to talk your case through with a law firm that has recognised experience and proven success.
Here we highlight the difference in settlement time between a straightforward and more complex medical negligence case; using real case examples settled by our dedicated, expert team.
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Will my claim take long?
Once we have taken on your negligence claim, one thing you can be assured of is that you’re in good hands.
Whether you’re making a claim against an individual, such as a surgeon or your GP, or you’re desperately unhappy with the aftercare you received following an operation; whatever your circumstances, we will work effectively to secure the justice you deserve.
In terms of ‘how long does it take to settle?’ This can and does vary based on:
- Your claim type
- The amount of supporting evidence you have
- Medical witnesses
- Any photographic and written evidence
Stage One: As general practice, your Patient Claim Line legal representative will declare a formal notification of your claim with the practitioner or medical body responsible.
Stage Two: The specific medical body or individual will have 14 days to acknowledge your claim.
Stage Three: Most medical negligence claims settle before there’s any chance of going to court. However, once a case is opened, there is still a chance that it can end in court proceedings.
But you don’t need to worry about this . All our legal representatives are fully trained and experienced when operating in the court room and can guide you through the process if required.
Timescale for a straightforward medical negligence case
Client example one
Final Settlement: £23,000
Time frame: The below case only took 12-14 months to reach a final settlement.
In January 2019, our client attended Bolton NHS Foundation Trust via ambulance with an acute onset of pain and swelling to his left testicle.
He had suffered previous episodes of pain but this pain was different. He was diagnosed with the condition varicocele which is an abnormal network of veins around the testicle which sometimes can cause pain, and he was discharged several hours later.
The next morning, he called an ambulance as he remained in severe pain. He was then transferred to another hospital for treatment.
He was diagnosed with testicular torsion and had to undergo removal of the testicle which had since died. Had he been operated on on his first attendance, his testicle would more than likely have been saved.
Jennifer Argent, the Medical Negligence solicitor involved in this case said:
“This is a case that is surprisingly common, considering an acute onset of testicular pain in a man under 30 should automatically generate suspicion of testicular torsion.”
“A simple procedure to rotate the testicle could have been carried out, however, this gentleman had to undergo a removal of the testicle.”
“At this stage he opted not to have a prosthetic inserted, but should he wish to in the future, it will require surgery that could have been avoided.”
“He missed time from his studies at university as a sports student and he was clearly in severe pain, having called an ambulance on two occasions. Thankfully in this case the hospital admitted their error and engaged proactively in settlement discussions.”
Timescale for more complex medical negligence cases
Client example two
Final Settlement: Gross c £7-8 million split into lump sum of £1.55 million and 3 stage PPO
The time frame: The below example took eight years to reach a final settlement due to the complexity of the case.
In July 2012, our client suffered symptoms similar to a stroke with facial weakness and disorientating dizziness. He attended a local accident and emergency department and was investigated for only 17 days, including CT and MRI scanning.
It was at this point it was determined our client had suffered a fatal brain haemorrhage, and it would only be a matter of time before it killed him.
In view of the circumstances, our client immediately married his long-term partner and he was consequently discharged for palliative care.
Within two days of being at home, the neurological specialist hospital determined our client was actually suffering from an abscess in the brain, rather than a haemorrhage.
He was re-admitted to hospital and the abscess was drained.
This client’s medical negligence claim was about proving the delay in recognising the abscess had caused our client irreparable harm.
Our senior solicitor, Trevor Ward, identified the delay as a significant period. Within that 12 days, our client had suffered a deteriorating left-sided weakness and visual field loss that was unrecoverable.
In addition, our client:
- Has been unable to return to work or drive
- Requires permanent daily care and support from various specialist therapists
Both hospitals admitted a breach of duty of care but denied causation of any injury; stating that the nature of the outcome was inevitable.
What is significant here is that the defendant did not deny acting on behalf of the claimant and his best interests, so our legal team needed to seek a range of expert opinion, and this takes time.
In Trevor’s efforts to seek justice, he spoke to a range of expert medical professionals including;
- Neuro ophthalmologists
- Neuro radiologists
- Neuro rehabilitation experts
- Neuro physiotherapists
- Occupational therapists
A joint settlement meeting took place in 2018.
Unfortunately, this did not resolve the case and we continued with formal proceedings in the High Court.
A final negotiated settlement reached and Ordered by the court in September 2019.
As in all complex medical cases, delays are inevitable. It is necessary to properly evaluate the claimant’s condition and prognosis through a number of specialist experts.
Client example three
Final settlement: £350,000
The below case took four years to reach a final settlement due to the complexity of the case.
In 2007, our client began to develop symptoms relating to Multiple Sclerosis.
He was diagnosed and his condition deteriorated, so that by 2014 he was wheelchair bound.
Our client had a progressive type of Multiple Sclerosis, although he remained particularly independent in his day-to-day living with only the assistance of district nurses in relation to his catheter care.
However, a breach of duty of the defendant’s community carers meant that he developed severe pressure sores on his right buttock and ankles. In August 2015, he was admitted to hospital until his discharge in February 2016.
As a result of such considerable immobilisation, our client became deconditioned, suffering muscle spasms and contractures in his lower limbs, along with an ongoing high-risk buttock pressure sore.
As such, he was no longer independent and required an extensive package of pressure sore care and equipment.
Following our instruction in 2016, breach of duty was admitted but causation denied.
Senior solicitor, Trevor Ward and his team, commissioned evidence from specialist nurses, therapists and a neuro rehabilitation specialist, along with a tissue viability nurse, before commencing proceedings in the early part of 2019.
However, Trevor and his medical negligence team managed to negotiate that mediation should take place with without the prejudice exchange of expert evidence. This was to see if an early resolution could be reached, rather than proceeding to trial, which was listed to take place in July 2021.
After a long day of mediation, our client received a suitable settlement for his medical negligence claim.
Will my medical negligence claim be settled in court?
With any claim we accept, if those responsible for your negligence deny any wrongdoing, we’ll weigh up whether the best course of action is proceeding to court.
Specialist litigators, such as Trevor & Jennifer, hold a wealth of experience and are incredibly adept at presenting a strong case in the court room, so, if your case does go to court there’s absolutely no need to worry.
If your case proceeds to court, here we will present documentation and evidence, such as:
- Medical reports
- Witness statements
- Receipt of communication
- Prescription notes etc.
However, your claim is likely to settle before reaching trial.
Make your no win no fee medical negligence claim
When it comes to confirming if you have a case for medical negligence, finding out is free, and it won’t cost you a penny to make your claim.
We also appreciate you’ll be anxious about how long your medical negligence claim will take.
By contacting our team today, you’ll make the first step in what could turn out to be a journey towards receiving justice.
Get your claim moving in the right direction and contact Patient Claim Line today. Call 0330 107 5326
Why Choose Patient Claim Line for your Medical negligence claim?
Not just lawyers — medical negligence experts
Patient Claim Line was established in 2014 and consists of a team of medical lawyers specialising in medical negligence and misdiagnosis claims.
At Patient Claim Line we have more than 100 solicitors with combined experience of over 400 years and they will work on your behalf to achieve the best result possible for you.
It’s not enough to use a solicitor who sometimes covers medical negligence. You need someone who knows this area through and through. That is what the solicitors here at Patient Claim Line do. They deal exclusively in this area of law and are experts in the field.
Meet our medical negligence team
Director of Medical Negligence
Peter leads the Medical Negligence Serious Injury department, which now boasts some of our most knowledgeable, dedicated and hardworking team members.
Peter is dedicated to supporting victims of catastrophic medical negligence injuries and endeavours to provide a clear and coherent approach to claims. He recognises the effects serious injuries can have and therefore ensures his customers’ need for support is met. Peter also has a vast amount of experience working with customers who have been injured abroad and is able to act under international law to provide the best outcomes.
Partner, Head of Strategy and Legal Operations
Christian is Head of Medical Negligence at Patient Claim Line and has specialised in clinical negligence claims since qualifying in 1998; having dealt with a wide variety of claims throughout his career. He is also featured in the Legal 500 as a recommended claimant solicitor in the North West.
Christian qualified as a solicitor in 1998, specialising in clinical negligence. From 2010 onward he has had a particular interest in gynaecological and urogynaecological claims, having represented several hundred claimants in the George Rowland Litigation against the Liverpool Women’s and Aintree Hospitals. This investigated the treatment given to women in the Merseyside area over several decades, and in particular focused on the introduction and development of mesh into the UK in both the treatment of stress urinary incontinence and pelvic organ prolapse. The development of this area involved pursuing claims under a unique ADR protocol with the NHS and also looking to develop the current thinking on the valuation of compensation for complex urinary symptoms. He has successfully recovered hundreds of thousands of pounds in compensation on behalf of my clients.
Christian was also involved in setting up and chairing a Claimant Support Group for those involved in the Rowland litigation, which provided a discussion forum for the many women who were left isolated and damaged by negligent gynaecological treatment. He now co-ordinates the firm’s mesh claims and has delivered training and commented extensively on the medico-legal implications of urogynaecological / mesh complications. He is a member of APIL, Liverpool Law Society and Legal 500 recommended.
Francesca Paul is an Associate, Senior Solicitor and Team Leader within the Clinical Negligence Department. She is one of the driving Solicitors in the Group Litigation Team dealing with this niche and specialist area of work that Fletchers undertakes.
Francesca previously worked in Nottingham, dealing with Group Action work. She now works at Fletchers, bringing with her those years of experience heading up a team of 10 people. Francesca is involved in the early identification of potential new Group Litigation Work and analyses information from the collective pool of new enquiries into the business, of which there are hundreds per week looking for hot spots or recurrent issues which might suggest a potential pool of Claimants.
One of the highlights for Francesca and her team is that they have successfully recovered over a million pounds in compensation for clients who have received treatment from a single orthopaedic surgeon who was operating in the Colchester area. Her role requires a specific set of skills, patience and a forensic approach to detail whilst being able to see the wider picture.
Francesca has previously acted for a claimant in a case that reached the Supreme Court in the case of NA v Nottinghamshire County Council.
Sion is a team leader and senior solicitor with many years’ experience in dealing with a wide range of medical specialisms and different types of injuries. He is an experienced medical negligence solicitor and manages a team of lawyers within our department.
Sion joined Fletchers in 2018 as a Team Leader in the Medical Negligence Department. Throughout his 24 year legal career, he has specialised in conducting medical negligence claims on behalf of Claimants, previously working for other highly ranked leading firms in the field.
He has undertaken claims covering the full spectrum of medical specialisms, clinical settings, categories of defendant and types of negligent medical care and treatment.
These include high value and complex maximum severity cases, such as those involving limb amputations and permanent neurological injuries.
Sion is experienced at representing bereaved families at inquests and has a particular interest in fatal accident claims.
JI v Warrington and Halton Hospitals NHS Trust: £1.25m recovered for client left paraplegic after spinal anaesthesia.
RS v Central Manchester University Hospitals NHS Foundation Trust: £150,000 recovered for client in respect of a failure to recognise complications after a kidney transplant, where her father was the donor.
JN v MA: £100,000 recovered for a client who suffered 2 years persistent pain and disability after knee replacement surgery undertaken as a private patient.
CS v Pennine Acute Hospitals NHS Trust: £400,000 recovered for a child who sustained Erb’s palsy during her delivery.
WO’C (Deceased) v Central Manchester University Hospitals NHS Foundation Trust; £450,000 recovered for the family of the deceased who died as a result of a delay in diagnosing a brain tumour.
"Now we have peace of mind"
My husband, Nick, went back and forth to the doctors for a long time and tried everything the doctor recommended. But his illness got worse, to the point that he was in agony.
In the end we got so desperate that we asked for a referral. The doctor was reluctant, so we had to consult a private hospital. That’s when we found out there was a tumour. It took years from the onset of his illness to finally start cancer treatment.
He used to be a man with a lot to live for, but in the end he was in so much pain that he withdrew from the family. He became angry that nobody had helped him sooner, and the legal team were able to give him the validation that he was desperately seeking. The NHS confirmed if they had done more, Nick would still be alive today.