How long does an NHS Negligence claim take?

Everyone who wishes to make a medical negligence claim, will like to have an idea of how long it can take before the claim is settled.
LIVERPOOL, Virgin Islands, British - Feb. 24, 2022 - PRLog -- If you or your loved one suffers avoidable pain, trauma, injury as a result of medical negligence or substandard treatment, the law empowers you to make claims against the NHS or private hospital responsible for the negligent treatment.

The Limitation Act of 1980, stipulates that an individual intending to make medical negligence claims will only have three years from the date of the medical negligence or when the person became aware of the negligent treatment to make the claim. this time limit also includes the 12months period such a person will have to follow the standard NHS complaints procedure to make complaints about the standard of treatment received.

There are exceptions to this rule however;
  • Cases involving children- here, the individual has until his or her 21st birthday to make a claim as the three years limitation period begins to count when the person becomes an adult (turns 18).
  • Cases Involving physically or mentally incapacitated persons- when it is medically proven that a person will be unable to make claims or take certain critical decisions, the limitation period can be relaxed until when the person recovers enough to do so.
A straightforward medical negligence claim where liability is accepted and the circumstances are clear, will usually be settled within 18 to 24months. Conversely, if the case goes to court, it may take between three and four years to be settled.

How Many Medical Negligence Cases Go To Court?

NHS negligence cases that go to court are not very many. According to the NHS Resolution, only about 2% of all NHS claims end up in court. In some years, the number is much lower than that. For instance, in 2019/20, the number of medical negligence NHS claims that went to court was 0.6%.

NHS Negligence Payout

The average medical negligence claims payout in the UK according to the NHS Resolution is £50,000. However, compensation amounts can range from as low as £1,000 to millions of pounds. The Judicial College Guidelines periodically updates the range of compensation amounts that will be paid to successful plaintiffs for certain injuries suffered.

Our expert NHS solicitors ( are well experienced when it comes to NHS medical negligence claims. We have accreditation with relevant industry bodies such as the Law Society panel and the Action against Medical Accident (AvMA) panel.

Our medical negligence solicitors also undertake NHS negligence claims on a No Win No Fee basis which protects you from making any payments before or during the entire claims process. This policy also protects you from any debts whatsoever if the claims were not successful.
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