Personal

Medical Negligence Claims Time Limit

SOLVING PERSONAL LEGAL MATTERS

If you have experienced medical negligence that caused you an injury or made an existing condition worse, you might be eligible to make a compensation claim. However, there are certain time limits that apply to this type of claim, although there are some exceptions to this. Find out more below to make sure you don't miss the deadline for making your claim for the compensation that you deserve.

General medical negligence time limit for claims

Generally, there is a three-year time limit for making a medical negligence claim. This time period starts from the point where the negligence is identified, which may be a later date than when the negligent act actually happened. This means court proceedings must be issued before the three years has passed in order for it to proceed. This time limit can be extended in certain circumstances. For both private and NHS negligence claims, the time limit of three years applies, unless subject to one of the exceptions detailed in this guide. Once the claim has been started, there is no time limit on when it needs to be resolved or settled.

How long do you have to sue for negligence if you are a child when the incident happened?

The three-year limit doesn't start for children until they reach the age of 18, regardless of how many years ago the medical negligence occurred. Once the child reaches the age of 18, they will have until their 21st birthday to start a claim.

This is one of the exceptions for which medical negligence claims over 3 years or more could still be valid.

Other exceptions to the usual medical negligence claim time limit

The three-year time limit for medical negligence claims doesn't apply to adults who do not have the mental capacity to make their own decisions. In this kind of situation, the time limit will only apply if and when the person regains mental capacity.

Time limits for medical negligence claims on behalf of someone else

If a loved one has passed away as a result of medical negligence, it might be possible for a loved one to make a claim for compensation on their behalf. There is usually a three-year time limit from the date of death on these claims too.

The benefits of making an early medical negligence claim

Making a medical negligence compensation claim as soon as possible after the negligence occurred can be beneficial in a number of ways.

It may be possible to be granted interim payments before the claim is fully settled, to help pay for rehabilitation, other care and support or for necessary alterations to be made to your home
An early claim can help you receive the best possible outcome in your circumstances for your claim
It can take time to investigate the claim and establish the extent of any loss

Unfortunately, some people, who might have otherwise had a valid claim for compensation because of medical negligence, unfortunately miss out because they looked into making their claim too close to the deadline. If you have been let down by a medical professional and believe you have experienced medical negligence in the last three years, we can offer free initial advice to help you discover if you are eligible to claim, before time runs out. Get in touch today.