Legal Process Flowchart

This Birth Litigation UK Flowchart look very complicated, but that’s because the process is often complicated unfortunately.  However, once you are on the litigation pathway, it is far easier to understand.  

If the MNSI and NHSR decide your case is justified, they can quickly agree to begin payments (interim) to help with the additional costs of a disabled child.  I’ve heard of cases being admitted in 2 years, but it’s a relatively new system so many people also look at the traditional route of consulting with a birth injury solicitor. 

This flowchart is of a simplified litigation process, but one which most cases will follow, with maybe a few deviations.  The process can take 8-11 years using the traditional legal route, and 2-3 years if negligence and causation are admitted under the Early Notification Scheme (ENS) with variations on both ends of the scale.  There are usually many months between each of the elements.  Collecting expert witness reports can easily take up to a year, especially if the expert is one in a very small field of expertise.   Then, of course the other side will often take the same time period to gather their evidence, although if the ENS picked up the case and investigated it, there may already be expert reports available to the Defence.

It’s a good idea to ask your solicitor when the next part of the process is likely to occur.  Make a note in your diary and forget about it.  Emotionally it is just too difficult to concentrate on the case all the time, so letting it run its course in the background, is the way to go. 

Towards the end of the case, you often find it gets quite confusing.  There can be one Joint Settlement Meeting or more.  You can have admission of negligence but they deny the negligence caused the injury, or the negligence only caused part of the injury.   It can go all the way from admitting everything, to denying everything.  If the latter occurs, or they admit negligence but deny it caused the injury, your legal team will reassess your case and usually ask for a court date to be set if there is stalemate with the Defence. 

These cases rarely come to court as it is expensive for the loser and the court system encourages mediation (ADR Alternative Dispute Resolution).  They will always try to settle on a mutually agreed decision before court.  However, some cases do go to court and in that case your solicitor and the barrister will advise you on the court proceedings.