Record high delays hinder clinical negligence victims

Delays in clinical negligence cases have reached alarming levels, severely impacting the well-being of claimants. Law firm Veritas Solicitors reports that defendants typically take up to nine months to file defences, marking it as a “record high.” This situation persists despite existing procedural rules, which stipulate a six-week timeframe for such filings. As a result, claimants are left in limbo, anxiously awaiting progress on their cases for many months.

The financial implications are equally concerning, with claimant legal costs surging above £600 million last year for the first time, according to NHS Resolution data. The average time from notification to settlement remains stagnantly at 1.7 years, amplifying worries over the justice system's capacity to manage ongoing delays. Clinical negligence liabilities have now skyrocketed to over £60 billion, emphasizing the significant backlog stemming from protracted defence stages that hinder timely justice for both patients and the NHS.

Amina Ali, Partner and Head of Clinical Negligence at Veritas Solicitors, highlighted the repercussions of these delays, stating that “increasing delays in cases being resolved have significant consequences for claimants, and are mainly due to the lack of proactivity on the part of defendants.” The emotional toll is profound, as claimants frequently endure uncertainty, financial distress, and heightened anxiety while waiting for resolution.

Many of these cases never reach court, yet the more complicated claims are increasingly stalled at the defence stage. NHS Resolution data reveals that there were 1,099 more clinical negligence claims logged than settled last year, further compounding the existing backlog. Amina added, “Defence extensions cannot be the norm, as it undermines access to justice.”

The absence of stringent oversight from the courts exacerbates the issue, with the potential for delays to stretch into 2026 without effective intervention. The experienced legal representation is now more essential than ever, as claimants navigate this complex and protracted system. Amina suggested that “improving early engagement from the defendant and a more disciplined approach in allowing defence extensions would make a significant difference in ensuring people can access justice without avoidable delay.”

At present, the Civil Procedure Rules 1998 afford defendants a six-week window to file their defences, with extensions requiring court approval. While these rules aim to facilitate fair resolution at a reasonable cost, NHS legal expenses have risen by 7% to £181.3 million, and prolonged defence delays are jeopardising this objective. As litigation in clinical negligence becomes more intricate and time-intensive, the timeliness of justice remains precariously dependent on the efficiency of defence filings.

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