Have I got a clinical negligence claim?
Unfortunately not all medical treatment results in the outcome expected. There may be unforeseen complications or expectations. However in some cases injuries result directly from the clinicians poor treatment and this can mean a claim for clinical negligence. The law is very precise as to the
legal meaning of clinical negligence.
Who do I claim against?
If the treatment you received was through the NHS, that is a clinician employed by the NHS such as a doctor, nurse or GP, then the clinical negligence claim is made against the NHS Hospital Trust or NHS Primary Care Trust employing them. Do not worry if you do not know the name of the relevant Trust as this can be easily found.
If the treatment you received was from a private hospital, the clinician is likely to be personally liable.
When can I claim clinical negligence?
In most cases, court proceedings must be issued (that is, papers lodged with the court detailing your case together with a supportive medical report) within 3 years of the date upon which you suspected or realised the treatment you received was negligent. If for example you underwent an operation in 2000 but did not know that there was a problem until 2003 then the claim is valid until 2006. Making a claim on behalf of children can be brought up until the age of majority plus 3 years, that is until their 21 birthday. Making clinical negligence claims for adults unable to make decisions for themselves due to mental incapacity can be brought at any time.
What is the process?
First of all, we will see you to discuss the full details of your clinical negligence claim. We will advise at that stage and throughout the claim on the prospects of success. If at any stage it looks as though the claim will not succeed or that a different route should be taken, for example, using a
complaints procedure, you will be fully advised. We will also discuss funding options and likely compensation in order to ensure that it is worth your while taking the matter further.
Click here for an
overview of the claim process.
How long does it take?
It usually takes:
- 2-3 months to obtain medical records
- 4-5 months to obtain a medical report
- 3 months to have a response to the Letter of Claim
and if court proceedings are issued:
- 12 months for all the evidence to be exchanged and a further
- 6-12 months for the matter to reach trial
Your clinical negligenc claim can be settled at any time throughout this period and it is very rare for claims to go to trial.
Will I have to go to court?
If your claim is fully defended throughout, it is possible the case will go to trial which will mean you will be asked to attend court to give your view. However it is extremely rare for cases to go to trial - perhaps 1% will ever reach the court doors.
How much will it cost?
This depends on the how your clinical negligence claim is funded – see Funding a Claim.
For more information on making a clinical negligence claim please contact Jeanette Whyman.
