We aim to provide our members with clear insights into the duration and process of a claim to help you prepare and feel reassured should you encounter one.
Below is a timeline of what to expect:
On average, a claim takes three years to conclude from the initial request for records, however numerous factors influence the duration. Complexity and disputed amount are crucial in determining the timeline, yet our commitment remains unwavering throughout.
As we progress from initial stages through to trial, surgeons should allocate the following time:
Letter of Response to Letter of Claim: 2-4 hours, including discussions with the solicitor, addressing allegations, and proofreading. If an expert’s input is sought, an additional hour may be necessary to review and comment on the report.
Proceedings issued/ drafting the Defence: 6-10 hours, involving review of allegations in the Particulars of Claim, expert input, conference with solicitor, expert, and barrister (2-5 hours), and reviewing the Defence before submission.
Dispute Resolution: Negotiations (mediation, arbitration, etc.) may require 10-25 hours over several months, involving discussion of case strengths and weaknesses, strategy and meetings with legal teams.
Trial: Typically a week for a clinical negligence civil trial, requiring the surgeon’s full attendance each day, with possible travel and overnight stays.
These timeframes are approximate, as review durations and meeting lengths can vary. Surgeons can now attend most pre-trial events remotely, with Zoom or Teams meetings being common. Previously, travel to law firm offices was standard.
Cost and Duration of Claim Processing:
Our data reveals that the average cost to defend a claim stands at £17,783. This includes expenses from pre-action stages, typically costing between £1,000 to £2,000, to cases extending over several years, reaching five-figure sums. Among these, 13 claims surpassed £100,000, with 2 claims exceeding £250,000 in defense expenses.
Estimating the processing time varies greatly based on claim complexity. Claims concluding preaction typically span up to four months, with finalization contingent upon the expiration of the limitation period. Conversely, claims proceeding to trial may keep files open for a minimum of 3 years, often longer. Most claims fall between these extremes, averaging 2-3 years from initial notification to conclusion.
Our Approach to Claim Processing:
Efficiency and simplicity are paramount in our approach to processing claims. We swiftly address low-value claims within a year if an incident of negligence is evident and the resulting injury is straightforward. However, in cases of factual disputes regarding negligence or severe injuries with complex future needs, the resolution process understandably extends. Here, our comprehensive approach ensures that every side is meticulously examined, allowing for a thorough and fair resolution.
Member Involvement and Support:
Upon receiving a Letter of Claim, our member’s input is sought to aid in drafting the Letter of Response, ensuring accuracy and precision. Meetings, whether virtual or in-person, are orchestrated efficiently with expert involvement. As proceedings advance, the need for our member’s involvement intensifies, necessitating their input for drafting a Defence and shaping future strategies.
Throughout this process, our continuous support remains fixed, with regular meetings conducted to ensure alignment and progress.
Negotiation and Resolution:
Our system prioritises negotiation and resolution, utilizing ADR (Alternative Dispute Resolution) methods such as mediation or settlement meetings. Even during these negotiations, our member’s expertise is invaluable, with their witness statement serving as a crucial component of the proceedings. While trials are a last resort, our preparedness remains unparalleled. In the rare event that a trial becomes necessary, we support our members every step of the way, with trials typically lasting no more than two weeks due to our comprehensive pre-trial preparations.
Instances where claims did not progress further.
In the last 14 years, 79% of reported cases did not evolve into formal claims. While there is some room for error, as newer cases reported may potentially transition into claims, this statistic generally holds true. Many notifications serve as precautionary measures, providing practitioners with reassurance, although they may not necessarily materialize into formal claims.
At Incision, we redefine medical indemnity, offering comprehensive support, streamlined processes, and unwavering commitment to our clients’ needs.
Get in contact with our team for more information.
