Your questions, answered

Strict limitation periods apply to clinical negligence claims. Generally, you will have three years from the date of the allegedly negligent incident (or date of death if applicable) or your ‘knowledge’ of the negligence, within which to issue court proceedings. If you do not issue proceedings within the limitation period, you will not be able to do anything about your claim subsequently. If you were under the age of 18 at the time of the negligence, you have until your 21st birthday to issue court proceedings.

For more details, you can refer to the https://resolution.nhs.uk/services/claims-management/advice-for-claimants/

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Can this time limit be extended?

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The time limit for bringing a medical negligence claim can be extended in specific circumstances, based on established exceptions to the standard three-year rule.

These exceptions are designed to account for situations where it may not be reasonable or possible for a claimant to bring a case within the usual timeframe:

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Date of Knowledge:

• If the injured person only becomes aware at a later date that their injury or illness was caused by medical negligence, the three-year limitation period begins from this "date of knowledge."
• This extension is important in cases where symptoms or the connection between the treatment and injury are not immediately apparent.

Court Discretion:

• Courts have the discretion to extend the time limit in rare cases if it is deemed fair and reasonable to do so.

Factors considered include:

• The reasons for the delay (e.g., illness, trauma, or lack of awareness).
• The potential prejudice to the defendant due to the delay (e.g., evidence may have degraded).
• Whether the claimant acted promptly after becoming aware of the claim.

Claims following a death:

• If the injured party dies before bringing a claim, the three-year period resets, starting from the date of death or the executor’s date of knowledge of negligence.

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These exceptions provide essential flexibility in cases where claimants face barriers to initiating a claim within the usual timeframe. If you believe your case may fall within one of these categories, it is vital to seek legal advice as soon as possible.

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***While the exceptions outlined above provide some flexibility for extending the time limit to bring a medical negligence claim, they do not guarantee that your case will be accepted. Each claim is assessed on its own merits. Please understand that even if the time limit is extended, this does not obligate us to take on your case, as acceptance depends on multiple factors, including the strength and feasibility of your claim.

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Yes, our firm operates on a No Win No Fee basis for clinical negligence claims, also known as a Conditional Fee Agreement (CFA). This means that if your case is unsuccessful, you will not need to pay for our legal fees. However, it’s important to understand how this arrangement works under the Solicitors Regulation Authority (SRA) guidelines.

Here’s a breakdown of how the No Win No Fee system works:
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1. No Upfront Costs: You do not need to pay any money at the start of your claim. We will assess your case and, if we believe there is a reasonable chance of success, we will take on your claim on a No Win No Fee basis.
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2. What Happens if You Win? If your case is successful and you receive compensation, a portion of this (typically up to 25%) will be deducted to cover the success fee. This fee is a percentage of the damages you are awarded, which is agreed upon when we take on your case. The success fee reflects the risk we are taking by working on a No Win No Fee basis and is capped in accordance with SRA rules.
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   Additionally, most legal costs (such as court fees, medical expert fees, and other disbursements) will usually be recovered from the defendant (the party you are claiming against). Any shortfall will be covered by the compensation awarded.
   
   If your case is unsuccessful, you will not be required to pay our legal fees. However, there may be some costs that could arise, such as court or expert fees. To protect you from these potential costs, we will usually arrange After the Event (ATE) insurance, which covers any disbursements or fees that could arise if the case does not succeed. This means that in most cases, you won’t have to worry about paying anything out of your pocket if the claim is unsuccessful.
   
   
3. Transparency: In line with SRA guidelines, we are committed to being transparent about all fees and potential costs from the outset. We will clearly explain the terms of the No Win No Fee agreement to you before you instruct us, so you fully understand how the process works and what to expect. If you have any questions at any stage, or are unsure about anything, please do not hesitate to ask and we would be happy to help.

Proving clinical negligence can seem like a complex process, but it essentially boils down to showing three key things: a breach of duty, causation, and harm (or damage). Below, we’ll explain each of these terms, along with the role of expert evidence, and how the legal process works, step-by-step.
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1. What is Clinical Negligence?

Clinical negligence occurs when a healthcare professional (like a doctor, nurse, or surgeon) fails to provide care that meets acceptable medical standards, and this failure causes harm to a patient. In legal terms, this is called a breach of duty of care. Every healthcare professional owes a duty of care to their patients, meaning they must act with reasonable skill and competence.
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2. How Do You Prove Clinical Negligence?

To succeed in a clinical negligence claim, you must prove:

• Breach of Duty: This means showing that the care you received was below the standard expected of a reasonably competent medical professional. It’s not enough that treatment didn’t go as planned; it must be shown that the care fell below accepted standards.
• Causation: Even if you can prove the healthcare professional was negligent, you must also show that this negligence caused you harm. In other words, you must prove that the harm or injury you suffered was directly caused by the negligent treatment, not by something else (like an underlying health condition).
• Harm (Damage): Lastly, you must prove that the negligent care caused you physical, emotional, or financial harm.
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3. What is the Importance of Expert Evidence?

In most clinical negligence cases, expert evidence is crucial. The court relies on independent medical experts to provide opinions on whether the care you received was below standard (breach of duty) and whether it caused your injury (causation). These experts will examine medical records, reports, and your overall health to give their professional opinion.

Without expert evidence, it’s incredibly difficult to prove clinical negligence, as the issues are usually too technical for a judge or jury to understand without specialist input.
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4. The Role of CPR Rules and Pre-Action Protocol

Before starting any formal court proceedings, you must follow the Pre-Action Protocol for the Resolution of Clinical Disputes, as laid out in the Civil Procedure Rules (CPR). This protocol encourages both parties (the patient and the healthcare provider) to exchange information and try to resolve the dispute without going to court.

• Letter of Claim: The process begins with a "Letter of Claim" where you set out the details of your allegations of negligence, the injury you've suffered, and any evidence.
• Letter of Response: The healthcare provider (usually through their legal team) will respond. They may admit liability, deny the claim, or request further information. If they admit liability, it may be possible to settle the case without going to court.

The aim is to encourage settlement early on and avoid the time and costs of going to trial. If the case doesn’t settle at this stage, the next step is issuing court proceedings.
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5. Steps to Trial

If a settlement cannot be reached, the case may proceed to trial. The steps typically include:

1. Issuing Proceedings: If your case can’t be resolved through the pre-action protocol, you will need to formally issue a claim in court. Your solicitor will help you complete a “Claim Form,” outlining your case.
2. Exchange of Evidence: Both sides will gather evidence, including medical records, expert reports, and witness statements. This is known as the “disclosure” process.
3. Expert Reports: Medical experts (for both sides) will provide their reports. These reports will be critical in proving both breach of duty and causation.
4. Negotiations and Settlement: Even after proceedings have started, the parties will often continue to negotiate. Many cases settle before reaching court.
5. Trial: If no settlement is reached, the case will go to trial. Both sides will present their evidence to a judge, who will make a decision.
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6. Why is it Important to Follow the Pre-Action Protocol and CPR Rules?

The pre-action protocol and the Civil Procedure Rules (CPR) are in place to make the process as fair and efficient as possible. If you don’t follow these steps, you could face penalties, including paying the other side’s legal costs. Following the protocol also helps by laying the groundwork for your case and can often lead to a quicker resolution without needing to go to trial.
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7. How Long Does it Take?

The timeline for a clinical negligence claim varies. Some cases are resolved within months, especially if liability is admitted early on, but others may take years to reach a conclusion, particularly if the case goes to trial. Clinical negligence cases can be complicated, so patience is often required.
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8. Key Takeaway

Clinical negligence claims require proof of breach of duty, causation, and harm. Expert medical evidence is essential to support your claim, and the legal process involves specific steps to encourage resolution before court action. If you believe you’ve suffered due to negligent medical treatment, it’s crucial to seek advice from a specialist clinical negligence solicitor, who will guide you through this process.

The process may feel overwhelming, but your legal team will be with you every step of the way, making sure your case is thoroughly prepared and that your rights are protected throughout.

We understand that when you’ve suffered due to clinical negligence, getting your compensation as quickly as possible is a top priority. The timeline for settling a clinical negligence claim can vary depending on the complexity of the case, but let’s give you a clearer picture based on current data and our approach.
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1. Average Times to Settle Clinical Negligence Cases

According to NHS Resolution’s 2023/2024 annual report, the average time to settle clinical negligence claims was approximately 1.5 to 2 years. However, this is an average, and some cases can be resolved much more quickly, while others may take longer, particularly if the case is more complex or goes to trial.

The earlier you instruct us to start investigations, the better.

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2. Our Commitment to Expediting Your Compensation

Our firm is committed to doing everything in our power to expedite your compensation, ensuring that you receive the financial relief you need as swiftly as possible. Here’s how we work to speed up the process:

• Instruct Expert Evidence Early: We instruct expert evidence early, allowing us to build your case more efficiently, speeding up the overall process.
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• Robust Pre-Action Process: Our firm emphasises the importance of a strong pre-action protocol. This process is designed to encourage early settlement of claims, potentially avoiding the need for lengthy court proceedings. While some firms may push cases toward litigation (which can increase legal fees and extend the timeline), our approach is focused on resolving your claim at the earliest possible stage. This not only speeds up the process but also minimises the stress and uncertainty of litigation.
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• Settlement Opportunities: By deploying a robust pre-action process, we maximise the chances of securing a settlement before court proceedings become necessary. We meticulously prepare your claim, providing comprehensive evidence and clear arguments during the pre-action phase, which often persuades the other side to settle without the need for a trial.
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3. Why Early Settlement is Beneficial

Settling a case early during the pre-action phase has several advantages:

• Quicker Resolution: You receive your compensation faster, which can be crucial for covering medical expenses, loss of earnings, and other costs associated with the harm you’ve suffered.
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• Reduced Stress: Avoiding the court process can significantly reduce the emotional and financial strain on you and your family.
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• Certainty: Early settlement provides certainty, allowing you to move forward without the unpredictability of a trial outcome.
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4. Our Ethical Commitment

While we strive to settle cases as quickly as possible, our approach is always aligned with your best interests. We ensure that your case is thoroughly prepared and that any settlement reflects the true extent of the harm you’ve suffered. Unlike some firms, which might be motivated to push cases to litigation to increase legal fees, our priority is to achieve the best possible outcome for you in the most efficient manner. This means exploring every opportunity for settlement, but also being prepared to take your case to trial if that’s what it takes to secure the compensation you deserve.
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5. What to Expect

While we cannot guarantee an exact timeline for every case, our focus on securing leading expert evidence at an early stage, and robust pre-action work means that we are always endeavouring to achieve quicker resolutions compared to the average timelines reported by NHS Resolution. Throughout the process, we will keep you informed, answer any questions you may have, and make sure you feel supported every step of the way.

In conclusion, while the timeline for receiving compensation can vary, our firm is dedicated to making the process as swift and smooth as possible. By using the best experts and focusing on early settlement opportunities, we aim to get you the compensation you deserve without unnecessary delays.