When being treated by medical professionals, we expect to receive the correct standard of care. However, if you don’t receive this as a patient and it causes you to suffer unnecessarily, you may be eligible to make a medical negligence claim. If you do have a valid case, you need to ensure that you begin the claiming process within the medical negligence time limit. But what is this? We have created this guide to explain how long you have to start your claim.
Key Takeaways:
- You generally have 3 years to make a medical negligence claim.
- This time limit can run from either the date the negligent medical care took place or the date you became aware of the medical negligence.
- Exceptions can be made to this time limit for those who are too young (under 18) or lacking in mental capacity to claim on their own.
- In the above instances, you may be able to claim on a loved one’s behalf.
- A No Win No Fee solicitor from our panel could help ensure your claim is submitted within this time limit.
To see whether you could claim medical negligence compensation, you can speak to our friendly team of advisors. They are available 24/7, ready to provide free advice and help answer any questions you may have about making a claim.
Jump To A Section
- What Is The Medical Negligence Time Limit?
- What Is The Date Of Knowledge?
- Does The Medical Negligence Time Limit Differ For Children’s Claims?
- How Long Do Vulnerable Adults Have To Claim For Medical Negligence?
- How Does The Time Limit Work For Wrongful Death Claims?
- What Happens If I Miss The Medical Negligence Time Limit?
- What Are The Benefits Of Claiming For Medical Negligence Early?
- Can Public Interest Lawyers Help My Medical Negligence Claim?
- More Information
What Is The Medical Negligence Time Limit?
The medical negligence time limit is 3 years, generally running from the date you received negligent medical care. This time limit is set out within the Limitation Act 1980, but the 3 years can also be counted from the date of knowledge. We explain what this is within the next section of this guide.
Medical negligence time limits are intended to provide certainty for all parties by preventing claims from being brought indefinitely. Time limits also help ensure that details are fresh within people’s minds and that evidence is both easily accessible and more likely to be complete. Later in this guide, we discuss in more detail the benefits of starting your claim as soon as possible.
To see whether you may have a valid medical negligence claim and if you are still within the time limit, you can contact one of our helpful advisors.
What Is The Date Of Knowledge?
The date of knowledge is the point at which you first reasonably realised that the harm you suffered was caused by the negligent actions or inactions of a medical professional when they were treating you. This sometimes happens, as it may take a while before you realise you have suffered from medical negligence.
For example, following a surgical procedure that you needed, you experience ongoing pain and various other symptoms. Weeks later, you go back to the hospital due to this, and it is revealed through an X-ray that the doctor who performed your operation left a piece of surgical equipment inside of you. Since you were not made aware that this was causing you pain until a later date, this is considered the date of knowledge.
If you are unsure how much time you have left to begin a medical negligence claim, you can ask one of our advisors. They can discuss your case with you and help determine if you have a valid claim.
Does The Medical Negligence Time Limit Differ For Children’s Claims?
Yes, the medical negligence time limit does differ for children’s claims, as those who are under 18 are unable to pursue compensation independently. This means that they cannot begin this process themselves until their 18th birthday, giving them 3 years from this date to start their own claim.
While the medical negligence time limit is paused for a minor, parents, guardians, solicitors, or other responsible adults could begin a claim on their behalf by being appointed as a litigation friend. Anyone who fills this role is expected to act in the claimant’s best interests, with other duties including:
- Informing the claimant of the process of their claim
- Talking and working with their solicitor
- Pay any costs ordered by the court
If your child has suffered from medical negligence, and you would like to learn more about making a claim on their behalf, please don’t hesitate to get in touch today.
How Long Do Vulnerable Adults Have To Claim For Medical Negligence?
Vulnerable adults do not have a time limit to claim for medical negligence, as the standard 3-year window is suspended indefinitely. Those lacking the mental capacity to handle their own affairs are classed as a vulnerable adult under the Mental Capacity Act 2005.
Only if someone recovers this mental capacity can they make their own claim. The medical negligence time limit would then run for 3 years from this recovery date. Otherwise, as with children, a litigation friend can make a claim on a vulnerable adult’s behalf before the time limit takes effect.
To see if you could claim on someone else’s behalf, have a chat with one of our advisors at any time during the week.
How Does The Time Limit Work For Wrongful Death Claims?
The time limit for wrongful death claims works by running from the date of death or knowledge (which can be formed from the date of a post-mortem or inquest). Wrongful death claims can be made if someone suffers fatal harm as a result of negligent medical care.
In this instance, a claim can be made by the deceased’s estate, under the Law Reform (Miscellaneous Provisions) Act 1934, for the pain, suffering, and financial losses experienced prior to death. The estate can also make a claim on behalf of qualifying relatives (termed dependants).
It is important to note that the estate of the deceased is the only party that can start a fatal claim within the first 6 months following the death. After this period has passed, the dependants can start their own claim for how the death has impacted them under the Fatal Accidents Act 1976 (if the estate has not already begun one on their behalf).
Our advisors are available 24/7 if you’d like to learn whether you may qualify as a dependant or how a wrongful death solicitor from our panel could help you make a claim.
What Happens If I Miss The Medical Negligence Time Limit?
When you miss the medical negligence time limit, you risk your claim becoming time-barred, meaning you lose the right to pursue compensation. If you think your claim may have become time-barred, you should contact a specialist medical negligence solicitor as soon as possible to discuss your circumstances. They can help determine if your case may fall under any of the exceptions we listed above.
Our advisory team could connect you with a solicitor from our panel, who can ensure your claim is submitted promptly. Get in touch today with any medical negligence claims questions you may have.
What Are The Benefits Of Claiming For Medical Negligence Early?
Some of the main benefits of claiming for medical negligence early include evidence being more easily available and less likely to have been destroyed. Moreover, events will be fresh in both your and any witnesses’ minds. This can ensure that the details of what happened can be more accurately and fully recounted, both by yourself and those who might provide a supportive statement to your solicitor.
Additionally, submitting the claim sooner rather than later makes it easier to gather evidence to prove medical negligence. Waiting longer runs the risk of medical records or other vital documents being destroyed, discarded, or otherwise more difficult to obtain.
Contact our advisors today to learn more about making a medical negligence claim and how a solicitor from our panel could help you navigate the process from start to finish.
Can Public Interest Lawyers Help My Medical Negligence Claim?
Our panel of solicitors here at Public Interest Lawyers can help you with your medical negligence claim by not only ensuring it is submitted within the time limit, but also by gathering supporting evidence and guiding you throughout the whole process. Additional services they can offer you include:
- Handling all documents and communications so you can stay focused on your recovery
- Collecting statements from any witnesses to your negligent medical treatment
- Negotiating a compensation settlement that covers your pain and suffering, as well as any financial losses you experienced
- Strengthening your claim by arranging an independent medical assessment to document the full extent of harm you suffered
- Organising any rehabilitation, physiotherapy, or psychotherapy you may need
These services (and more) can be accessed on a No Win No Fee basis under a Conditional Fee Agreement. With this contract in place, you will:
- Have nothing to pay in solicitor fees for their services upfront
- Not have to pay fees for their ongoing services as the claim progresses
- Should the claim fail, you will not need to pay any solicitor fees at all
However, should the claim win, you will need to pay your solicitor a success fee. This will be taken directly from your compensation as a legally-capped percentage, ensuring the bulk stays with you.
Contact Our Advisors
You can contact our advisors today to see whether you have a valid claim and are still within the medical negligence time limit. If you have a valid case, they could then connect you with an expert No Win No Fee solicitor from our panel, all of whom have had years of experience handling various types of medical negligence claims, such as those for medication errors, birth injuries, and sepsis misdiagnosis.
There is nothing to lose from getting in touch, so please reach out via one of the following options:
- Call on 0800 408 7825
- Contact us online
- Use our live chat
More Information
For more information on different types of medical negligence claims, why not read the following guides:
- Guidance on when cosmetic surgery claims can be made.
- Learn how to claim compensation for pressure sores.
- Advice on making a testicular cancer misdiagnosis claim.
Additional resources:
- Learn about the General Medical Council’s professional duty of candour for those working within the medical field.
- Some annual statistics from NHS Resolution.
- Learn about the NHS Constitution for England from GOV.UK.
Thank you for reading this guide on the medical negligence time limit.