People making medical negligence claims against the NHS are facing longer waits for their cases to be resolved, according to a new report from the Association of Personal Injury Lawyers (APIL).
The report found that it now takes NHS Resolution, the organisation that handles claims made against the NHS, more than two years on average to settle a claim. This is around ten months longer than the average wait ten years ago.
APIL says these delays can make an already difficult situation even more stressful for patients and families who are looking for answers after suffering avoidable harm. The organisation believes that greater openness from NHS trusts at an early stage could help speed up investigations and settlements.
The report also highlights the importance of the NHS duty of candour, which requires healthcare providers to be honest when mistakes are made. APIL argues that when trusts provide clear information from the outset, claims can often be resolved more quickly.
NHS Resolution has responded by pointing out that many factors can affect how long a claim takes, including the need to obtain medical records, expert evidence and information from third parties. It says it remains committed to resolving claims fairly and as quickly as possible.
While some delays are unavoidable, particularly where a patient’s long-term condition needs to be assessed before the value of a claim can be determined, concerns remain about the growing time it takes to reach a conclusion.
For those affected by possible medical negligence, obtaining specialist legal advice at an early stage can help ensure that evidence is preserved, investigations are carried out promptly and the claim progresses as efficiently as possible.
How we can help
At Nalders, our specialist personal injury and clinical negligence lawyers combine legal expertise with a practical understanding of the challenges clients face following an injury or adverse medical treatment. We provide clear advice, investigate claims thoroughly, obtain the necessary evidence, and support our clients throughout the process.
Contact us
To find out more, or to make an appointment to speak to one of our expert advisors, please contact our Personal Injury Department at personalinjuryreferrals@nalders.co.uk or our Clinical Negligence Department at clinicalnegligencereferrals@nalders.co.uk Alternatively, please call us on 01726 879333.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.