Clinical negligence - What's involved

As a general rule court proceedings must be issued within 3 years of the date of the incident or your knowledge of it. If you are unsure, please ask us as there are exceptions to this rule.

As a general rule court proceedings must be issued within 3 years of the date of the incident or your knowledge of it. If you are unsure, please ask us as there are exceptions to this rule. Each case is unique and will develop differently, but we have set out a summary of how a typical clinical negligence case may develop.

Getting started

In the vast majority of cases, we will not ask you to contribute towards your legal fees. Depending on your circumstances, we can act for you under an insurance policy, public funding or conditional fee agreement, often referred to as no win no fee.

The complaint process

Taylor&Emmet can then assist you through the complaint process which can take two-three months.

Collect medical records

We can obtain your medical records and prepare a chronology summarising these before instructing an independent medical expert.

Claim report

Depending on the medical report we often then send a letter of claim to the defendant setting out our allegations. They will typically have four months to provide you with a letter of response.

A settlement is hopefully agreed

A settlement is agreed, however if a settlement cannot be negotiated at this stage, court proceedings can be issued and it can often take another 12-18 months to proceed to trial. However, you should not worry about going to trial as it is extremely uncommon for clinical negligence claims to end in a trial and we will seek to assist you in negotiating a favourable settlement as soon as possible.

UNSURE YOU HAVE A CLAIM?
See if we can help you 

If you are interested in understanding how Taylor&Emmet can help you with your medical negligence claim then please contact:

James Drydale

James Drydale

Partner - Clinical Negligence

0114 218 4058

Email: james.drydale@tayloremmet.co.uk

Office: Sheffield

Contact James Drydale or meet my team

 

More information

HOW LONG DO I HAVE TO MAKE A CLAIM?

In most medical negligence cases, you have three years to make a compensation claim, starting from the date your injury happens (or the date you first became aware that your injury was a result of negligence).

Make Your Claim

WHAT WILL HAPPEN WHEN I MAKE A CLAIM?

After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and whether you have a legal claim. We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.

Make Your Claim

CAN I MAKE A CLAIM ON A NO WIN NO FEE BASIS?

Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

Make Your Claim

HOW OUR OTHER TEAMS CAN HELP

Because we’re a full-service law firm, we also have a number of other in-house teams with specialist knowledge in areas such as rehabilitation, Wills and asset management.

Make Your Claim