How Long Does a Medical Negligence Case Take?

Medical Negligence cases are usually very complex. It is a combination of two multidimensional subjects — law and medicine; as a result, they can take a long time to settle. In general, the claims process can last anywhere between 18 months and six years. However, your medical negligence lawyer will give you an idea of how long your case may take to resolve, depending on its unique nature.

The medical negligence claim process involves a number of steps, which usually have deadlines for responses. Let us briefly discuss the claims process and how long each stage takes.

• At the beginning of the claims process, our solicitors will apply to your health provider to obtain your medical records. According to disclosure rules, your health provider has 40 days to respond.
• Our solicitors will review your medical records and seek expert medical opinion to determine whether you received substandard medical care. This process can last 3–4 months per medical expert; more than one specialist may be required to prove liability.
• Following this assessment, our Medical Negligence Solicitors will send a Letter of Claim on your behalf to the relevant health authority. According to the Pre-Action Protocol for the Resolution of Clinical Disputes, they are expected to respond within four months. However, they may request for more time in order to prepare their defence.
• The defendant will either accept or deny liability. If they accept, we will begin negotiations for your financial settlement. Their first offer will likely be low and we will request a revision of the offer. If they deny liability (or the final offer is too low), we will issue court proceedings on your behalf. This stage involves a number of time-consuming steps, and a trial date will be set within two to three years of this time.
• If your case is successful, the defendant will be under obligation by the court to pay damages within a specific period of time, as well as the legal costs of pursuing the claim. The payment process usually takes 14–28 days.

What Do You Need to Do?

If you think you have been a victim of medical negligence, it is critical that you seek expert legal advice and support. This is why Medical Negligence Direct works with a panel of specialist medical negligence solicitors who help victims of negligence in their quest to pursue medical negligence compensation claims.

When you contact us, we will discuss details of your case and, if there are grounds for a claim, our medical negligence lawyers will offer to work with you on a No Win No Fee medical negligence basis. We will be happy to discuss with you and help you make the best decision as regards suing for medical negligence.

NHS Complaints Procedure Compensation Guide

The NHS has a comprehensive complaints procedure which allows patients who believe they have received poor medical care to formally express their concerns.

Making a Complaint at the NHS

If you are unhappy about the standard of care you received at the NHS, you have the right to make a NHS Claim. The first step should be to make an informal complaint by speaking directly to the medical professional or management responsible for the care or treatment your received. You can lodge a formal complaint if this is unsuccessful.

Making an Informal Complaint – What is PALS?

A Patient Advice and Liaison Service (PALS) is typically the first port of call when it comes to making an informal complaint about an NHS service. PALS is usually based in the local hospital where you received treatment and offer confidential advice and support. If they cannot resolve the issue, they will advice you on the process involved in lodging a formal complaint.

Making a Formal Complaint

If you are still dissatisfied or PALS cannot help with your concern, you can make a formal complaint. Every NHS service has a comprehensive complaints procedure, which can be found in the building where you received the medical care. You can also find details online or from members of staff. A formal complaint can be made verbally (speaking to the NHS service responsible for your care), in writing or via an email. But if your complaint is about primary care services, contact NHS England.

Who Can Make a Complaint?

Anyone who has been affected by negligent treatment while under NHS care can make an official complaint about the NHS. This also includes patients who received treatment in private hospitals funded by the NHS. You can make a claim against the NHS on behalf of a patient who has suffered injury due to Medical Negligence, so long as you have the patient’s consent.

What Can I Complain About?

An NHS complaint can be made based on a broad range of reasons. Some of the main complaints include:

• Incorrect diagnosis/treatment
• Delayed diagnosis/treatment
• Misconduct of an NHS staff
• Failed medical equipment
• Discrimination and confidentiality issues
• Negligence leading to injury

What Happens After You Have Made a Complaint?

The NHS Complaints Procedure Compensation typically requires an acknowledgement of a complaint to be made within 14 days, but you will usually receive the acknowledgement within 3 days. The amount of time taken to respond to your complaint will largely depend on the nature of your concern and the investigations required to provide a comprehensive response. The letter of acknowledgement will indicate how long it will take for investigation to be made into your concern and when you can expect an outcome.

Making a Compensation Claim After a Complaint

If the NHS admits liability after investigating your complaint, you may be entitled to a compensation claim. For a successful medical negligence claims, you must be able to prove that there was a breach of duty (the medical professional is liable) and causation (you suffered harm as a direct result of the medical professional’s actions). Thus, making a complaint can be very useful if you are considering starting a claim. Even if you do not receive any apologies or no admission of liability is made, a complaint can help your Medical Negligence Solicitors when evaluating different aspects of your case.

How to Sue the NHS for Delay in Treatment?

When it comes to diagnosis and treatment of a medical condition, time is an invaluable asset. If promptly identified, with advancements made in medicine, patients now stand a better chance of making a full recovery or living a pain-free life. Without doubt, the earlier an illness or injury is diagnosed, the sooner medical professionals can begin treatment. If treatment is delayed for any reason, the patient could suffer long-term complications and may be able to sue the NHS.

Generally speaking, the quality of care administered by the NHS is excellent. However, mistakes happen occasionally, leaving patients to struggle with life-altering injuries. If you have suffered an injury or illness as a result of delayed treatment by the NHS compensation can help you cover costs of your care.

Making a Complaint to the NHS

If you have been a victim of delayed treatment due to NHS negligence, making a complaint to the NHS is a good way to start. While the NHS complaints procedure does not result in financial compensation, it can help you learn about what went wrong and enhance your chances of making a claim against the NHS.

How Can I Sue the NHS for Delayed Treatment?

To make successful claims against the NHS, you must demonstrate and prove duty of care, breach of that duty, causation/negligence and damages.

• Duty of care/breach of duty
First, you must prove that the NHS owed a duty of care towards you to protect your health and provide prompt and adequate treatment. The next step is to show that the medical professional responsible for your treatment failed to deliver the standard of care expected of a medical expert in the same field.
• Causation
You need to prove that there was a direct link between the negligent treatment you received and the injury or illness you suffered.
• Damages
This stage involves quantifying the financial settlement you should receive for the injury, pain and suffering you have incurred due to Medical Negligence. If you have reduced your work hours, quit work completely and/or are unable to continue working as you used to, you may be entitled to make NHS negligence claims for lost earnings as well as future lost income. This is in addition to compensation that covers your ongoing and future needs.

Making a Claim Against the NHS

If you think you have suffered an injury or illness as a result of delayed treatment at the NHS, do not hesitate to contact us. The panel of NHS Solicitors we work with will assess details of your case and let you know whether you have a reasonable chance of success. If you do, we will help you provide legal advice against the NHS to enhance your chances of success and make a No Win No Fee claim against the NHS on your behalf.

Best Misdiagnosis Claims Solicitors in Liverpool

When we are ill, we put faith in the knowledge and experience of our medical practitioners and trust that they will give us the best possible care. Unfortunately, this is not always the case and many patients have had their trust misplaced due to medical misdiagnosis.

With conditions such as cancer, heart attacks or meningitis, correct diagnosis and treatment is crucial to giving the patient a chance. Sadly, these are some of the commonly misdiagnosed conditions, as their symptoms can sometimes be hard to determine; but if you believe your diagnosis (or lack of) was due to negligence on the part of your healthcare professional, you may be entitled to a medical negligence claim. Whether your condition has been misdiagnosed, delayed or missed altogether, its impact can leave you wondering where to seek help.

Medical Negligence Direct has a strong track record when it comes to medical negligence claims and have helped many victims of misdiagnosis to seek justice and secure the compensation they deserve. A free, no obligation initial consultation with one of our friendly solicitors will quickly establish whether you have a valid claim for misdiagnosis and, if this is the case, we will fight for you with all our knowledge and experience to get the best possible outcome.

Do I Have a Claim?

You may have a claim for misdiagnosis if:

• Your treatment has been delayed due to a less serious concern
• You have received unnecessary surgery due to incorrect diagnosis
• You have suffered stress or trauma as a result of incorrect diagnosis
• Diagnosis has been missed altogether

Get in touch with us as soon as possible if your situation fits any of the categories above. Our specialist misdiagnosis claims solicitors will evaluate your claim and let you know whether there is a reasonable chance of success.

Who Can I Make a Misdiagnosis Claim Against?

In the UK, medical misdiagnosis claims can be made against a range of practitioners and medical institutions, including:

• A GP
• NHS
• Private healthcare facility

If you have been a victim of misdiagnosis while under NHS care, you can lodge a complaint against the NHS service. This complaint will be handled by the NHS Resolution, and will likely be settled out of court. With our team of expert medical negligence solicitors, we walk hold you by the hand through this process and do everything to ensure you have a great chance of success.

What Can I Claim for?

If, having assessed your case, we believe you have grounds for a claim, we will help you determine what can be included in your compensation. General damages — compensation for pain, suffering and loss of amenity — are the most common financial settlements. It is calculated by considering factors such as the nature of your injury, impact on your life, length of recovery, and the pain and suffering due to misdiagnosis.

You may also be able to claim for loss of earnings if you have been unable to work as a result of the injury, as well as any out of pocket expenses incurred as a result of the misdiagnosis you suffered. Our medical negligence solicitors will give you an estimate of what you can expect for your case.

Contact Us

At Medical Negligence Direct, we are passionate about helping victims of medical misdiagnosis seek justice and appropriate compensation. Based in Liverpool, we work with clients across the UK, and offer a free initial consultation and a No Win No Fee service if we believe you have grounds for a claim. Call us today on 0800 644 4240 or complete our online claims assessment form and one of our friendly solicitors will get back to you.