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Personal Clinical negligence The process
Clinical negligence - The process
As a general rule court proceedings must be issued within 3 years of the date of the incident or your knowledge of it. If you are unsure, please ask us as there are exceptions to this rule. Each case is unique and will develop differently, but we have set out a summary of how a typical clinical negligence case may develop.
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Step 1 In the vast majority of cases, we will not ask you to contribute towards your legal fees. Depending on your circumstances, we can act for you under an insurance policy, public funding or conditional fee agreement, often referred to as no win no fee.
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Step 2 Taylor&Emmet can then assist you through the complaint process which can take two-three months.
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Step 3 We can obtain your medical records and prepare a chronology summarising these before instructing an independent medical expert.
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Step 4 Depending on the medical report we often then send a letter of claim to the defendant setting out our allegations. They will typically have four months to provide you with a letter of response.
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Step 5 A settlement is agreed, however if a settlement cannot be negotiated at this stage, court proceedings can be issued and it can often take another 12-18 months to proceed to trial. However, you should not worry about going to trial as it is extremely uncommon for clinical negligence claims to end in a trial and we will seek to assist you in negotiating a favourable settlement as soon as possible.
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