UKResearch
APIL says NHS Resolution clinical negligence settlements now average more than two years
The Association of Personal Injury Lawyers reported that NHS Resolution clinical negligence claims now take more than two years on average to settle—about 10 months longer than in 2013/14. APIL attributes much of the delay to “deny, delay and defend” practices and late engagement by trusts, and urges fuller Pre-Action Protocol compliance. NHS Resolution said many factors affect timeliness, including records, expert evidence and claimant-side information.
Key points
- APIL says NHS Resolution clinical negligence claims now take more than two years on average to settle, about 10 months longer than in 2013/14.Law Gazette
- APIL president Guy Forster said “deny, delay and defend” still features in too many cases and that duty-of-candour compliance would cut delay.Law Gazette
- APIL calls for full Pre-Action Protocol compliance and stronger letter-of-notification requirements.Law Gazette
- NHS Resolution said records, expert evidence and third-party information also affect claim times.Law Gazette