Will I have to go to Court if I make a medical negligence claim?


Taking legal action doesn’t always mean that you will have to go to Court for a full hearing. In fact, generally less than 2% of medical negligence claims against the NHS end up in a Courtroom. At Gadsby Wicks, we make every effort to settle a claim out of Court, but only on reasonable terms for you.


What are the benefits of settling a claim out of Court?


There are three key benefits of settling a medical negligence claim:

  • You receive your compensation more quickly
  • It removes the uncertainty of the outcome at a trial
  • It reduces the costs that will need to be incurred

In addition, you avoid the inevitable stress of attending a Court hearing and giving evidence.



When can I settle my claim?


Once the details of your claim have been fully investigated and we have obtained the evidence needed to value your claim, we are in a position to consider an Out of Court Settlement. Offers to settle can be made at any time, by any party and on any terms. There is no need for a Defendant to admit liability in order to make or accept an offer.

One way to make an offer is to use Part 36 of the Civil Procedure Rules. Part 36 provides that if a Defendant refuses a Claimant’s Part 36 offer and the case goes all the way to trial and the Judge awards a greater sum to the Claimant, the Defendant may be ordered to pay a higher than usual rate of interest on the costs.


“The possibility of having to pay additional costs means that Defendants should carefully consider any Part 36 offer which means that it can be a useful tool in securing an early settlement of a claim”, says Tami Frankel who has been a specialist medical negligence solicitor for over 20 years.


Specialist advice in securing the compensation you deserve


Negotiating a settlement is usually the preferred outcome for both sides, particularly because going to Court is both time-consuming and more costly. However, this does not mean that we will not pursue your claim to trial if necessary.

As specialist medical negligence solicitors, we prepare every case on the basis of it potentially going to Court. Whilst this rarely occurs, if the claim ends up at trial, we will personally guide you throughout the process. Our lawyers are expert litigators who, between them, have many decades of practical experience of all aspects of the Court system and we will use that experience to help minimise the stresses involved for you by appearing in Court.


If you have been injured, your prognosis has worsened or you have required additional surgery as a result of your medical treatment, please speak to our specialists in confidence on 0800 321 3112 or click here to make an enquiry


See a selection of our cases here


Posted 21st September 2018 | Posted in More on medical negligence,News,The law