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How Long To Claim For Medical Negligence?

The long road to recovery - why medical negligence claims can sometimes take years to resolve

A recent case in Ireland, in which a medical negligence claim remains unsettled after 27 years, has thrown the spotlight on the UK’s medical negligence claims system. A new report by Warwick University has found a number of reasons as to why claims of this nature can take so long to be resolved.

According to the study, medical negligence claims are the most protracted in the insurance industry for a number of reasons. Medical negligence is one of the most complex and emotive areas of the legal system. It is one of the few in which human concerns and injury can combine with technical legal jargon to increase cost and delay. Part of the problem is that causation and liability, which have to be proven in cases of this sort, are more difficult to establish than in other personal injury cases. The accusation of liability is often vigorously contested because doctors are concerned about their professional reputations and the potential damage to their careers. Conversely, those claiming to be the victims of medical negligence are often intensely involved in the case and can be bitter about their experiences.

Drawing out the Medical Negligence Claims process

The combination of these factors can often lead to a long and drawn out investigation of the facts, which not only increase the length of the case, but also add significantly to its costs. This in turn can help to exacerbate the problem of the awarding of costs that seem disproportionate to the size of the case - a problem which is currently under review by Lord Justice Jackson.

The report also found that many factors contributing to delay occur in the pre-litigation stage. It seems that many hospitals offer inadequate services when it comes to reporting and recording an incident, making it difficult to establish exactly what happened, when it happened and who was involved. In addition, colleagues of the accused may be loath to testify or make statements incriminating their co-workers for fear of damaging their own reputations.

Expert witnesses

The outcome of many medical negligence cases is often determined by the opinions of expert witnesses - those who are able to hypothesise on the nature or cause of an injury, given their professional expertise in that field. However, Warwick University’s report found that there are a relatively small number of senior doctors who are considered to be qualified enough to offer information and supposition in this type of case. In some cases, expert witnesses may be required from more than one field of expertise, creating further delays.

Inexperienced solicitors flounder

The report also found that many claimants were choosing not to use experienced medical negligence solicitors, vital to this sort of case. Without experience in this complex aspect of the Law, ordinary solicitors floundered when it came to particular procedures, again extending the shelf life of the case beyond its predicted lifespan. In failing to offer their clients incisive and expert case management services, ordinary solicitors were found to be adding to their clients’ distress.

Until Lord Justice Jackson implements his review, those wishing to launch medical negligence claims would be well advised to gather as much information pertaining to the incident as they can and present it to a solicitor who specialises in this aspect of the Law.

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FREE GUIDE - 7 Questions You Must Ask Before Choosing Your Medical Negligence Solicitor

If you believe you have been the victim of an act of medical or clinical negligence you need our free guide which answers all of the questions that you need answers to before deciding to make a claim, including:

• What are the costs of making a claim for compensation
• The reasons you should or should not make a claim, including protecting other patients
• Whether using a solicitor or a claims company will make a difference to the success of your claim
• The questions you must ask to ensure you choose the right person to help you with your claim

Before you take any further action, take five minutes to read our free guide so that when you do pick up the telephone or fill in an online enquiry form, you know exactly the questions you need to ask to find the right medical negligence claim solicitor for you.

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