Is it better to wait before starting my claim?
Whilst there are some reasons you may want to wait, MG Legal’s expert medical negligence solicitors do not advise that you wait very long, if at all. There is a degree of common sense in waiting a short while so that you know what you are telling your solicitor to do and also so that when your medical records are obtained, this always being the first thing MG Legal will do, there is sufficient information to write to the negligent party and detail the claim and most importantly to identify your earliest possible Limitation date.
There are two fixed waiting periods in medical negligence claims, the first is the time it takes to obtain your medical records. These are obtained under a GDPR Subject Access Request, which permits the hospital, surgery etc one month to provide the records. After reviewing these, if MG Legal’s expert medical negligence solicitor identifies negligence and writes a formal Letter of Claim, the investigation period permitted is four months, before the negligent practitioner is expected to respond. So, allowing time for you to complete and return initial paperwork and for your solicitor to review your medical records and the case in general, it might be six months before there is a first reply on your claim.
Usually, after six months, the state of your injuries and how you will likely recover is probably going to be much clearer and at that point, it is generally possible to take some further steps to progress your claim, whether this is to arrange a conference with you to discuss the negligence and your injuries, obtaining a report from an independent expert, or simply countering responses to the Letter of Claim.