How Long does a Medical
Negligence Claim Take?
If your case is reasonably straight
forward, it is possible for everything to be sorted out within
twelve months. This would mean that the other side know that
they are at fault, and that they are prepared to admit to this.
Your solicitor would then need to get experts reports on the
extent of your injury and suffering, both physical and
emotional. Your clinical negligence solicitor will negotiate a
settlement on your behalf with the other side. If a settlement
cannot be agreed, then a judge will be asked to assess the
damages.
If your clinical negligence claim is
defended it may take several years to conclude. Your specialised
clinical negligence solicitor will work hard on your behalf.
They are experienced in dealing with the medical profession.
They are working for you, to make the process as easy as
possible for the patient.
Why
does it take this long?
Your clinical negligence solicitor will
need to prove that the medical profession have been negligent.
They will have to gather as much information and evidence as
possible. This can take a long time, and it is important that
nothing is missed. Your clinical negligence solicitor will need
to consult with medical experts. Very often a medical negligence
barrister will need to be consulted, who will give his view of
the likelihood of success in court.
Your clinical negligence solicitor will
write to the NHS Trust concerned for their version of events
this all takes time. Often the NHS Trust will take time to
respond as they will need to investigate the complaint, and
speak to those involved. It is important that all the proper
procedures are followed, and that time and care is taken during
the whole process. You need to be confident that your clinical
negligence solicitor will not over look anything.
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