Bringing a clinical negligence claim can be a lengthy process, particularly where a claim involves serious or life-changing injuries. Recent research by the Association of Personal Injury Lawyers (APIL) demonstrates just how much the time taken to resolve these claims has increased.*
Compared with 2013/14, victims of NHS negligence now wait on average 10 months longer for their claims to settle. Clinical negligence claims are now taking more than two years to settle on average, representing a 58% increase in the time taken since 2013/14.
For those with the most serious injuries, the delay can be even more significant. APIL’s research found that claimants with the highest value claims currently wait, on average, more than eight years for their claims to settle, almost two years longer than in 2013/14.
Why does this matter?
Bringing a clinical negligence claim does not represent a form of punishment for the wrong doers. For someone who has suffered an injury as a result of negligent medical treatment, compensation is vitally important in helping them manage the financial and practical consequences of the injury they have sustained.
Damages are intended to put a claimant, so far as money can, in the position they would have been in had the negligence not occurred. This can include compensation for pain, suffering, loss of amenity, as well as financial losses such as lost earnings and the costs of care, treatment, rehabilitation or specialist equipment.
Where a claim takes two years or more to resolve, access to that compensation can therefore be significantly delayed. For more serious claims, where settlement may take considerably longer, the impact of that delay can be even greater.
In any claim it will be important to consider whether it is possible to access an interim payment or for the defending hospital or healthcare provider to be meeting the cost of care and rehabilitation as the claim progresses. This is usually only possible once negligence or liability has been accepted so starting the investigation process sooner rather than later does help.
Why is this happening?
APIL’s research primarily demonstrates the scale of the increase in settlement times, rather than identifying a cause. However, APIL’s wider commentary points to delays by NHS bodies and their legal representatives as a significant factor in the length of time clinical negligence claims take to resolve. APIL members also report increasing difficulties in obtaining information and answers about what went wrong.
Claim sooner rather than later
If you believe you may have suffered as a result of clinical negligence and are considering bringing a claim, it is sensible to seek legal advice as soon as possible.
Seeking advice early allows the circumstances of the treatment to be investigated, relevant medical records to be obtained and expert evidence to be considered as early as possible. Moving your claim closer to a conclusion.
*Association of Personal Injury Lawyers (APIL), The Justice Gap Facing Victims of Negligence