Clinical Negligence
Initial Investigation
Once funding has been arranged our Clinical Negligence Team will carry out an investigation of the merits of your claim. This is likely to take 6-9 months and will entail:
Obtaining relevant medical records Taking a detailed statement from you Obtaining independent medical evidence Possibly obtaining advice from a specialist barrister on the merits of your claim
If the merits of your claim appear good we will then look at the likely value of your claim. For further information, see our factsheets, "Proving a claim” and “Valuing a claim”
Procedural Steps
Once we are satisfied of the merit of your claim and we have an idea of its value we will forward a detailed Letter of Claim to the Defendant. The Defendant has 3 months to respond in detail. Sometimes the Defendant admits liability at this stage, allowing both parties to enter into settlement negotiations. However, if the Defendant denies liability and is not prepared to negotiate, it will be necessary to issue court proceedings.
Following the issue of proceedings each party will exchange statements of case and a timetable is set for the exchange of witness statements, expert reports and each party’s view on the value of the claim. If no settlement is agreed in the meantime, the court will set a trial date. The trial date tends to be about 18 months to 2 years after the issue of proceedings.
Even if liability is admitted a trial may still be necessary to resolve a dispute over the value of your claim.
Time Limits - limitation periods for making a clinical negligence claim
Legislation sets out time limits for issuing court proceedings. Failure to meet these deadlines is likely to mean your claim will be statute barred. Although the general rule is that you have 3 years from the date of negligence to issue proceedings, there are numerous exceptions and the legal position relating to limitation periods can be complex. It is crucial to obtain immediate advice if you have any doubt about whether the limitation period has expired.
The above is a very rough guide to bringing a clinical negligence claim. The particular steps required will vary from case to case which is why it is imperative that you speak to a specialist clinical negligence solicitor.
For further information on clinical negligence and making a claim please contact a member of the Clinical Negligence Team on:
Brighton Tel: 01273 775533
Email: brighton@mayowynnebaxter.co.uk
...or call free of charge on 0800 169 4772.
