When medical care goes wrong, it can take an emotional and physical toll that goes far beyond the original illness or injury you were dealing with, or the further problems caused by this failure in treatment. 

Many people who have experienced medical negligence cases - where an NHS doctor, nurse or other medical professional has fallen below the expected standards - feel motivated to seek answers, an apology, and some form of justice. If you are dealing with symptoms that worsened due to this negligence, or a further injury caused by the failure of care, you may also have urgent medical and financial needs to address.

Making a medical negligence claim can help you to move forward, address your financial losses and cover the costs of treatment, medical devices, adaptations to your home and anything else you need to accommodate your condition. While this offers reassurance, the time limits on the process and how long it takes can make it more stressful to try to address urgent needs. There is no average time frame for medical negligence cases as each situation is unique, but there are steps you can take to accelerate the process and improve your odds of success.

Here, the experienced NHS negligence claims solicitors at JMW explain how long a medical negligence claim typically takes, the factors that can speed things up or slow them down, and the ways you can get additional support before your claim is resolved.

How Long Does a Medical Negligence Claim Take?

Medical negligence happens when a healthcare professional provides treatment that falls below the standard expected, and this causes avoidable harm. It can include delays in diagnosing a condition, giving the wrong treatment, surgical errors, or failing to monitor a patient properly.

The types of treatment that can lead to a claim are varied, and this means that no two NHS negligence claims are exactly the same. Some are resolved in around 18 months to two years, while others take longer - sometimes as long as several years in the most serious cases. The process and time scale depends on what happened, how clear the evidence is, and whether the NHS accepts responsibility. If the NHS disputes what happened or the case is medically complex, it can take longer, but this does not mean you cannot get assistance during the process.

Understanding the typical steps involved in the medical negligence claims process can give you a clearer picture of what to expect and when. Most claims follow a similar outline, although the specifics can vary significantly:

1. Investigating the case

The process starts when you call a medical negligence solicitor to discuss your circumstances. By talking about your experiences, we can evaluate whether you are entitled to claim compensation and if your case is suitable for investigation. When you instruct us to start a clinical negligence claim, we will begin by gathering your medical records, contacting independent medical experts, and collecting other types of evidence. This stage helps us understand what went wrong, and whether the care you received fell below a reasonable standard. This can take several months or longer, especially if we are waiting on full records or specialist reports, but we will act quickly to secure as much evidence as possible.

2. Sending a Letter of Claim

Once we have built a case with strong evidence, we will send a formal Letter of Claim to the NHS trust involved. This outlines your case and gives the NHS a chance to respond.

3. NHS response

The NHS has  four months to investigate the negligent treatment you received and reply although the response can take longer. They may admit fault at this stage, particularly if the evidence is clear, or deny their responsibility. When the defendant accepts liability at once, a medical negligence claim can move forward much more quickly. If the organisation denies liability, we may need to gather further evidence and start court proceedings. .

4. Negotiation

If the NHS accepts liability or shows a willingness to negotiate, we may advise you to negotiate a settlement of  compensation. This stage can take a several  months, depending on how complex your injuries are and whether your condition has stabilised. Most claims are resolved in this way, without going to court. Our medical negligence experts will always try to resolve a claim as quickly as possible, but we will remain committed to securing the maximum amount of compensation that you are entitled to.

5. Going to court

If an agreement isn’t possible through negotiation, or we cannot agree a fair compensation amount with the NHS, we may need to issue court proceedings. The court will then set a timetable, which could take the case through to a trial over 12 to 24 months. This is subject to delays based on the court schedule and the availability of expert witnesses.

Even when court proceedings start, settlement is still possible at any time. Many claims are resolved shortly before a trial is due to begin.

JMW's legal team has a wealth of experience representing clients in court proceedings and negotiating fair settlements. We will work hard to secure an early resolution with a fair compensation amount, and remain committed throughout the process.

What Factors Affect the Length of a Claim?

Several key aspects can affect how long a medical negligence claim takes. While some issues are outside anyone’s control and cannot be avoided, others depend on how the NHS responds or how complex the case is. Having an experienced solicitor who can be responsive to these elements of the process can make a big difference in how smooth and straightforward the legal process is for you.

Factors that affect how long the clinical negligence cases take include:

Whether the NHS accepts responsibility

If the NHS trust involved accepts  liability after receiving the Letter of Claim, the claim may progress quickly. If the defendant denies liability, the process becomes more drawn out, and we may need further medical evidence to prove the claim, or to escalate the matter to court.

The complexity of your medical issues

Some claims involve straightforward mistakes (like incorrect treatment) and medical conditions with clear effects. In other cases, medical negligence can result in rare conditions or occur across several stages of care from different hospital departments. We need to gather strong evidence that proves the healthcare provider's negligence, and complex cases can take longer.

Availability of medical records and expert reports

Delays can happen when medical records are incomplete or hard to access. Independent medical experts may also need time to examine your case and prepare detailed reports. While this does not usually delay the case significantly, it can make it more challenging to build your case or seek further information.

Your condition and recovery

It is sometimes necessary to wait before agreeing on a fair compensation amount. If medical negligence resulted in a rare medical condition, your recovery is ongoing or your long-term needs are unclear, we may need to wait before finalising the claim to make sure your future needs are fully considered. This helps us to maximise how much compensation you will receive.

The court process

If the claim goes to court, the timeline will depend on how busy the court is and how long it takes to set a trial date. Most claims settle before they reach a courtroom even if the court process is underway, but this can still extend the process.

JMW's team will always secure expert evidence and build the strongest possible case from the start, to encourage the other party to settle and pay the compensation rather than trying to fight the claim in court.

How Can Interim Payments Help?

If you are concerned about your finances during the claims process, it is important to know that you may be able to receive part of your compensation early through what is known as an interim payment. This can help to cover urgent needs such as medical treatment, rehabilitation, home adaptations, or lost earnings before the claim is fully settled.

Interim payments are only possible when the NHS has admitted responsibility, or when the court agrees that they are likely to be found at fault. This means timing is important, and your solicitor will need to request the payment at the right stage, with strong evidence to support it, if you are to secure part of your compensation early.

Can a Solicitor Speed Up a Medical Negligence Claim?

The solicitor you choose plays an important role in how your NHS negligence claim progresses. An experienced solicitor who specialises in medical negligence claims will know how to collect strong evidence, work with the right experts, and respond to NHS arguments without delay. This can help to avoid unnecessary hold-ups and give your claim the best possible chance of success.

In most cases, a solicitor cannot speed up the process as many of the potential delays are outside their control. However, a solicitor who understands the pressures you are facing after medical negligence can provide support and keep you informed throughout the process, which can give you confidence that things are moving. A solicitor can also help you to access interim payments in appropriate cases to give you assistance when it matters most.

How JMW Can Help

The prospect of bringing a medical negligence claim can feel overwhelming, especially when you are already dealing with the aftermath of a serious condition or injury. At JMW, we offer expert legal advice about what to expect and handle every stage of the process with care and precision, so you can focus on your recovery.

Our expert NHS negligence team includes members of the Law Society’s specialist panel of clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitors panel. This reflects our experience in helping people who have experienced negligent NHS care, and our commitment to moving things forward efficiently and with care.

If we believe you have a case, we will handle it with the respect and professionalism it deserves, while working to avoid unnecessary delays and reach the right outcome.