This depends to some
extent on the other side's view of your
claim. If they know they were at fault and
are prepared to admit this, then it is a
matter for your solicitor to obtain the
necessary clinical experts reports to assess
the extent of the physical or emotional
injury to you and then to negotiate a
settlement. If this is not possible, then a Judge
will be asked to assess the damages.
These types of cases, although fairly
straight forward can still take between 6 to
12 months to settle.
In most cases a medical negligence claim
is defended and has to go to trial in these
cases a claim can take up to three years to
settle.
Why does it take this long?
In order to prove medical negligence
solicitors need to gather as much
information and evidence as possible. This
can take a long time. Your solicitor will
also need to consult a team of medical
experts and probably consult with a
specialist medical negligence Barrister for
his view on success in court.
Your
Solicitor will also need to write to the NHS
Trust concerned for their version of events
this all takes time.