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What Is The Time Limit For Medical Negligence Claims? (UK)
Are you wondering about the time limit for medical negligence claims in the UK? This article aims to answer any questions you have on this subject. Whilst there is typically a time limit for medical negligence claims, it is not necessarily applicable in the same way for every case.
What is the time limit for medical negligence claims in the UK?
Certain scenarios can mean that the time limits involved can vary. Over the course of this guide, you’ll learn more about the criteria that must be met in order to claim outside of the general window.
Every claim is unique. Because of this fact, they all need to be addressed on an individual basis. It’s always best to seek advice before assuming you have missed your opportunity to claim. It could be that you still have time.
Our advisors are ready and waiting 24/7 to help however they can. Get in touch today for free guidance and advice. Whilst there is no obligation to claim following a consultation, we could also connect you with one of the lawyers from our panel if we think your claim is valid.
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Choose Your Desired Section
- Is There A Time Limit For Medical Negligence Claims In The UK?
- What Is The Date Of Knowledge?
- Time Limit For Medical Negligence Claims In The UK- Injured Children
- Those With A Reduced Mental Capacity – What’s The Time Limit?
- Clinical Negligence Claims – No Win No Fee Solicitors
Is There A Time Limit For Medical Negligence Claims?
As per the Limitation Act 1980, the general time limit for claims of this kind is 3 years. This means that you will often have to have begun the process of making a claim within 3 years of the incident.
Starting the process of claiming can be something as simple as officially notifying the defendant that you intend to claim against them. This can be done in written form. In the context of a medical negligence claim, the defendant can be any medical facility. A claim is not typically made against a medical professional, but rather the medical setting they work in – such as a:
- Hospital
- GP surgery
- Dental surgery
Whilst you should adhere to the 3-year time limit whenever possible, there can be instances where this window of opportunity can be more flexible. The next few sections give you some examples of the time limit for medical negligence claims in the UK in some of these scenarios.
The Date Of Knowledge – What Is It?
In certain instances, the harm you experienced due to medical negligence may not immediately present itself. For example, you may have been prescribed the wrong medication – the ill effects of this may not take hold until a later date. If you can prove that you were not immediately aware that your health had been affected due to medical negligence, you could use the date you became aware of this fact as the start of your 3-year time limit.
Make sure you have evidence to support your date of knowledge. A good way of supporting this area of your claim is to present medical evidence containing the date of your diagnosis.
Time Limits For Medical Negligence Claims – Injured Children
If the injured party is under the age of 18 and they wish to make a claim for medical negligence, the time limit is suspended. Children cannot legally make their own claim. Due to this, a litigation friend must be appointed if a claim is to be made. This can be any adult of legal age who can prove they have the child’s best interests in mind and that they meet the other eligibility criteria. Whilst it can often be a parent or legal guardian, a litigation friend can also be a:
- Relative
- Family friend
- Solicitor
When a litigation friend is claiming on behalf of a child, there is no time limit involved. However, once the injured party turns 18, the 3-year time limit begins as usual. From this date, the injured party could then start their own claim, if it has not already been done for them by an appointed litigation friend.
If the litigation friend is successful, then the compensation is paid into a Court Funds Office account. The child may only access it themselves once they turn 18. Before this date, withdrawals must be applied for, approved, and be for the direct benefit of the child.
Those With A Reduced Mental Capacity – What’s The Time Limit?
Certain injuries or health conditions can lead to the injured party suffering from a reduced mental capacity. For example, they could suffer brain damage or go into a coma. Alternatively, they may already suffer from a psychological condition that prevents them from making their own claim.
In these scenarios, the 3-year time limit is also suspended, as in child injury claims. However, it would begin from the date of recovery, if the person regained their mental capacity. If this recovery doesn’t take place or is not possible, then the time limit does not begin. If so, the claim can be made on their behalf by an appointed litigation friend.
Get in touch today if you’re unsure regarding which time limit for medical negligence claims in the UK applies to you.
Clinical Negligence Claims – No Win No Fee Solicitors
As well as being aware of the time limit for medical negligence claims, it can also be helpful to make sure you’re aware of the options you have regarding legal representation. If you choose to hire a medical negligence lawyer, then it can be possible to do so on a No Win No Fee basis. Funding legal help in this way can be less financially risky than other methods.
All of the lawyers on our panel can work with their clients on a No Win No Fee basis. As such, they can offer a Conditional Fee Agreement, which is a specific type of No Win No Fee service. This means that if your claim is successful, they will take a percentage from your compensation. This percentage is capped legally, and your lawyer won’t be able to take it if your claim fails. There are also no fees to pay for your solicitor’s services upfront or while the claim is ongoing.
Learn More About Medical Negligence
If you’d like to learn more about medical negligence, we have some guides that you may find useful:
- A Guide To Medication Errors In Healthcare
- An Overview Of Medical Negligence Claims
- How To Find Medical Negligence Solicitors
If you have any questions about the time limit for medical negligence claims in the UK, or any related matters, reach out today for more information.
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