If you have suffered avoidable harm because of medical negligence, you might be entitled to claim compensation to cover both the psychological and physical toll of your injuries, and any financial losses caused by the treatment you received. 

It is understandable that the majority of people in this position would like to receive their compensation as soon as possible, especially if they have medical needs that require them to pay for treatment or medication as a result of the substandard medical care they received.

It is important to understand that every medical negligence case is different, and it is impossible to estimate how long the medical negligence claims process is likely to take, especially without a full assessment of your situation. However, it is possible to outline the stages of making a claim and the factors that can affect the timeline.

Here, the expert medical negligence solicitors at JMW explain the steps we follow to secure medical negligence compensation for our clients and how we work as efficiently as possible to conclude your claim.. 

Some individuals may be able to receive interim payments, which are a way to receive some of your compensation payments before the claim is settled, which we will also explain.

What Is the Average Time Frame for a Clinical Negligence Claim?

Several factors can affect how long a medical negligence claim takes. A simple medical negligence claim can take at least one year to resolve. More complex cases may take three to five years to fully resolve, and sometimes significantly longer for the more complex and life-changing cases, such as birth injuries or brain injury.

In most cases, you must start the claims process within three years of the negligent treatment you received, or the date when you realised that the harm you experienced was due to medical negligence. This is often referred to as the medical negligence limitation period - however, this does not mean that the claim must be resolved before this three-year period ends.

Building a case

One of the first steps is proving that a healthcare professional breached their duty of care and that this breach caused harm. We will do this by carrying out a thorough investigation and gathering evidence from a number of sources, including arranging for independent medical experts to review your medical records. 

Assessing your injury and prognosis

Compensation in clinical negligence cases must account for both the current and future impact of any injuries or illnesses caused by a poor standard of treatment. As such, a clear picture of the full medical impact of negligent or incorrect treatment is needed to calculate fair compensation. If your condition is ongoing or recovery is uncertain, your claim may need to wait until the long-term effects are clearer, to ensure you get the correct amount of compensation you deserve.

Specialists might advise waiting to see if further treatment improves your prognosis before making a claim. If the injury becomes permanent, you may need much more compensation to support you to manage long-term symptoms, and it is important that these be factored in. For complex injuries involving brain or spinal damage, it can take time to fully assess your needs in terms of care, equipment and accommodation, but this is a vital part of your negligence claim.

Defendant’s response

Once we have built a strong case, we will send a letter of claim to the medical professional or NHS trust responsible for your treatment. They will have 14 days to acknowledge receipt of the letter and then four months to reply with a formal letter of response and decide whether or not to accept liability.

If the medical professional or NHS trust admits liability in full, your interests are still upheld during negotiations to make sure the compensation amount meets your needs. If the defendant admits fault early and both sides agree on damages, the process can conclude relatively quickly, often within 12 to 24 months. However, JMW will never compromise the amount of compensation you will receive to achieve an early resolution.

If they deny liability or argue the harm was not caused by their negligence, further expert evidence and negotiation may be required. If they fail to respond or deny liability, we will issue court proceedings to recover the compensation you are owed.

Court proceedings

If court proceedings are required, then a fully contested claim that goes to trial can take two to three years, particularly if expert evidence is heavily contested. If the case is issued in court, it becomes subject to the court’s schedule, and busy courts and adjournments can cause waiting periods between key stages (such as case management hearings and trial dates).

From there, the proceedings themselves can take longer if multiple witnesses are needed, or if key pieces of evidence are challenged. Claims involving multiple defendants or highly technical allegations (such as surgical errors involving multiple teams or displaying rare complications) usually take longer, whether they are resolved through negotiation or in court.

Our solicitors will of course support you through this process. You can find a more detailed breakdown in our guide to the medical negligence claims process.

Can the Claimant or Their Solicitor Speed Up the Claims Process?

There are several things that both a claimant and their solicitor can do to speed up the process of a medical negligence claim. Choosing the right solicitor is one of the key factors. The team at JMW has extensive experience in medical negligence claims and can offer expert legal advice about how long we expect the process to take based on the specifics of your situation. We prioritise clear communication, so you will be able to measure the progress we are making and understand when the next developments are likely to happen.

Building a case based on strong evidence is vital. Both the NHS and private healthcare professionals are more likely to want to resolve a clinical negligence claim quickly if there is irrefutable evidence of their negligence. As such, a watertight case is often the best way to avoid unnecessary delays. JMW has existing relationships with independent experts and the necessary experience to prepare a very strong case. 

Thanks to their experience, our solicitors can also make sure we meet all of the relevant deadlines, which is another important way to keep a claim on track. Finally, your solicitor can apply for interim payments in some cases where liability is admitted early but final damages are not yet agreed. Claimants who receive interim payments can use them to cover any immediate needs, whether rehabilitation, home adjustments or care. This does not shorten the time frame for the claim overall, but can reduce the financial pressure while waiting for full resolution.

The best thing you can do if you believe you have experienced negligence with your medical care or treatment is to contact a solicitor as early as possible. Promptly providing information, attending medical assessments, and following the guidance offered by your solicitor.