Time Limits for Medical Negligence Claims

In the UK, the Limitation Act (1980) determines the time limits for claiming compensation. In most cases, you’ll have up to three years from the date of your injury to claim for medical negligence.

These limits apply to most clinical negligence cases, including surgical errors, missed or delayed diagnoses, and NHS negligence claims.

While most personal injury claim time limits begin when the accident occurs, medical negligence claims are slightly different, as the time limits only activate when you become aware that negligent care occurred.

There are some exceptions to this rule, including whether an adult lacks the capacity of mind, but we’ll explore this in more detail later.

Children are also at risk of medical negligence, including birth injuries, operation injuries, and GP negligence. The time limits are different here, as only adults can file a compensation claim. If a child experiences medical negligence, they can make a claim when they turn 18.

This means that the child will have up to three years and must initiate their claim before turning 21. Due to the delay, these claims are often complex, and filing a claim immediately after turning 18 gives your solicitor plenty of time to collect evidence.

Some medical negligence cases can result in fatalities. For example, if a specialist misdiagnoses cancer and it progresses to the terminal stage, the person might pass away after discovering there was negligence. If this happens during the three years, their next of kin will have three more years to file a claim.

In cases where the family discovers medical negligence after their loved one passes away, they’ll have three years to claim compensation.

While no amount of money will make up for losing a loved one, compensation claims also bring negligence to light and ensure it doesn’t happen to others.

There are multiple reasons for time limits on medical negligence compensation claims, including:

There are time limits on making medical negligence claims for a few key reasons:

• Preserving Evidence: Vital forms of evidence, including witness testimonies and medical records, can disappear or degrade as time passes, but time limits encourage claimants and medical negligence solicitors to collect evidence in advance.
• Fairness: The deadline for the limitation period is also in place to protect defendants. Long-term uncertainty as to whether someone will file a lawsuit is stressful for healthcare providers, but the three-year period allows them to review all evidence, get their legal affairs in order, and consult with those involved in the patient’s care.
• Preventing Stale Claims: Old claims are challenging to defend, and it’s common for vital information to slip through the cracks. Having three years to claim medical negligence keeps the claim fresh and ensures both parties have access to relevant information.

As with the majority of civil claims, you’ll have up to three years to claim when medical negligence occurred.

However, there are some exceptions to the rule, which are in place to ensure fairness and accessibility for individuals who cannot make a claim for medical negligence within the three-year time limit.

There is no time limit for an adult who lacks the mental capacity needed to initiate a medical negligence claim.

While rare, a judge may extend the limitation period in certain cases, depending on your circumstances.

You’ll need to demonstrate a robust argument for extending the time limits. Most cases will still be subject to the three-year period unless the claimant is under 18 or lacks mental capacity.

Unless you meet the criteria for longer time limits, it’s unlikely that you’ll be able to claim after the limitation period expires. If you’re unsure of whether you qualify for longer time limits, please seek legal advice by filling in the online form or calling 0800 234 6438.

You’ll usually only be able to make a medical negligence claim after 10 years if your injuries occurred as a child or you lack mental capacity. However, if the duty of care breach only came to light a few years later, you may still be able to file for compensation.

It depends on the circumstances surrounding your case, which is why it’s important to seek legal support.

Medical negligence can have a devastating impact on your life, causing significant injury and psychological damage. While your mental and physical health should take priority, seeking legal advice as soon as possible is essential.

There are many reasons for this, including the Limitation Act, gathering evidence, and giving yourself peace of mind.

The medical negligence time limit applies to most cases, and that means you’ll have three years to receive compensation. Getting the ball rolling on your claim immediately gives your solicitor plenty of time to gather evidence and put your case forward to the negligent party.

Due to the complexities of medical negligence, these claims can take a long time to settle, and if your case is approaching its time limit, your solicitor might have to agree to a lower payment.

Evidence is integral to proving that medical professionals or a facility failed in their duty of care. Your solicitor will need to access your medical notes, proof of any treatments and witness testimonies.

If a lot of time has passed since the negligence, this evidence is harder to collect, especially when tracking down witnesses and ensuring their testimony is reliable.

Medical experts play vital roles in negligence cases, as they’ll assess the level of care you or a loved one received and determine whether there was a breach. It’s much easier to find an expert and ensure they can perform a complete analysis of your case when you initiate the claim quickly.

Leaving it too long could reduce the evidence available to the expert, which inevitably impacts your claim.

The medical negligence claims process can be daunting, and many feel overwhelmed. The sooner you claim, the likelier you are to be successful. It also gives your no win no fee medical negligence solicitor enough time to negotiate with the negligence party and secure a fair settlement.

While rare, some compensation claims go to court when neither party can reach an agreement. Rushed claims often mean that you have to settle for a lower payment or deal with the stress of court, but giving yourself plenty of time can simplify the process.

Whether you received treatment from the NHS or a private healthcare provider, medical negligence is unacceptable. By claiming compensation, you can ensure the negligent party is held accountable and receive financial support.

If you’d like to discuss your case and determine whether you can claim compensation, please contact a legal specialist for free advice today. Call 0800 234 6438 or use the online form to get the ball rolling on your medical negligence claim.