Tell me about the claims process

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BEFORE LEGAL PROCEEDINGS

Step 1: Solicitor obtains health records
7 Weeks from request - Health records are required to instruct an expert to report on the standard of medical care and your present condition and prognosis. You can obtain material yourself under the Data Protection Act 1998. The cost is dependent on the volume of material but cannot exceed £50.00.

Step 2: Solicitor obtains independent expert's report
3 months from expert being instructed - Obtaining expert evidence setting out the mistakes and perhaps at this stage obtaining a report on present condition and prognosis.

Step 3: Re-action protocol letter of claim prepared by solicitor
2 weeks from having the necessary report - Based on the expert evidence and in accordance with the pre-action protocol your case is set out in detail in a letterof claim so the Defendant can investigate and decide how to repond.

Step 4: Defendant replies to protocol letter
3 months - The Defendant has three months in which to reply and may accept responsibility or deny responsibility with reasons. A simple denial of responsibility without giving reasons would not comply with the pre-action protocol. It is intended that the overwhelming majority of claims will be settled at or before this stage.

AFTER LEGAL PROCEEDING

Step 5: Proceedings issued and particulars of claim served
1-2 months - Unless there is a limitation problem proceedings will be issued at this stage. Particulars of Claim set out detailed allegations and an indication of the damages claimed.

Step 6: Defence / Admission
1-2 months  - The Defendant may admit or defend the claim giving reasons for us and our experts to consider.

Step 7: Exchange of evidence
2-4 months - At this stage your witness statement will be exchanged for that of the medical staff and medical experts reports are exchanged as directed by the Court.

Step 8: Trial
2-6 months - If a settlement cannot be achieved a Judge will have to decide the outcome having considered the evidence. The issues to be decided if not conceded are: set out in the section 'Clinical Negligence Summarised'.

Note: The actual time taken between stages will depend upon individual circumstances