When making a medical negligence claim, you will have 3 years to begin the claiming process. This is set out within the Limitation Act 1980, and runs from the date on which you received negligent treatment. However, all compensation claims are unique. Therefore, certain circumstances may require the limitation period to apply differently. You can read this guide as part of our legal glossary to better understand the medical negligence time limit.
Important Takeaways
- You should look to start a medical negligence claim as soon as possible.
- The time limit differs when the impacted person is a child or mentally incapacitated.
- Time limits are in place to make the legal process fairer.
- If you were not aware of the medical negligence at the time of treatment, the time limit may begin from a later date.
- You could be eligible to make a medical negligence claim if you suffered unnecessary harm due to a medical professional providing you with substandard care.
If you have any questions about the limitation period for medical negligence claims, why not contact a Compensation Calculator UK advisor? They can offer better insight into the legal process and explain whether you are within the correct limitation period to start a claim. If eligible, they may even connect you to a No Win No Fee solicitor from our panel. This is a great way to proceed without the worry of upfront or ongoing legal fees for your solicitor’s work.
- Call our team on 0800 408 7826
- Complete our online enquiry form
- Chat with an advisor live using the pop-up in the corner
Frequently Asked Questions
- What Is The Date Of Knowledge?
- Are There Any Exceptions To The Three Year Medical Negligence Claim Time Limit?
- How Long Is The Time Limit For Fatal Medical Negligence Claims?
- Why Is There A Clinical Negligence Claim Time Limit?
- What Can I Do If The Limitation Period For A Medical Negligence Claim Has Passed?
- Will A Medical Negligence Compensation Claim Be Settled Within The Three Year Time Limit?
- What Can Compensation Calculator UK Help With?
- More Information
What Is The Date Of Knowledge?
The date of knowledge refers to the date on which you became aware that the medical treatment you received was negligent. Some claimants know at the time of receiving treatment that they have suffered unnecessary harm due to receiving inadequate patient care. However, this is not always the case. Therefore, it is sometimes possible for the medical negligence time limit to apply from the date of knowledge rather than the date of treatment.
There are many instances where a person does not realise what has happened until later on. Examples of when this may occur include:
- You are misdiagnosed with breast cancer, despite having a benign tumour. Your doctor misread your scan. You undergo chemotherapy, which has severe effects on your mental and bodily health. After the treatment, you learn that your cancer diagnosis was incorrect, and you received the treatment unnecessarily
- While performing surgery to remove your appendix, the medical staff failed to clean the surgical equipment adequately. This causes you to develop sepsis, which leads to kidney failure. You require further surgery to address the issue. Months later, you receive a letter from the hospital stating that the cause of your injury was unsanitary conditions.
- Your pharmacist mixes up your prescription with that of another patient. You experience multiple side effects, and your condition remains untreated. When you are later admitted to the hospital due to your condition worsening, you discover that you had not been given the correct medication.
Speak to our advisors to learn more about the date of knowledge. They offer tailored advice, so they can determine whether you are within the legal window to start a claim for medical negligence compensation.
Are There Any Exceptions To The Three Year Medical Negligence Claim Time Limit?
Yes, there are multiple exceptions to the 3 year medical negligence claim time limit. This applies when the affected person is either under the age of 18 or mentally incapacitated. These are exceptional circumstances, as such individuals are not able to make the complex decisions that are required when claiming for medical negligence.
Therefore, the limitation period can be frozen. Another person can be nominated or apply to act as a litigation friend. This term applies to someone who legally represents someone who is unable to make the claim themselves. A litigation friend must make decisions that reflect the interests of the impacted party. They are also required to maintain communication with the solicitor who is working on the case.
If no one steps in to represent the person, they can make their own claim at a later date. They will have 3 years to do so, starting from whichever of the following applies:
- The date of their 18th birthday
- The date on which mental capacity is recovered (if it ever is)
Contact an advisor today to learn more about the exceptions to the limitation period. They can offer further details about how to act as a litigation friend and explain how the process works.
How Long Is The Time Limit For Fatal Medical Negligence Claims?
The medical negligence time limit for fatal cases is 3 years and can run from:
- The date of death
- The date of knowledge which can be formed from the date of an inquest or postmortem
The time limit that applies depends on whether the cause of death is confirmed at the time that death occurred or if it was not clear until a later date. For example, it is often not possible to know the reason for the death until a post-mortem or inquest has been conducted.
Our team of advisors are available to answer any questions you may have about making a fatal medical negligence claim. They understand that this can be an emotionally challenging process and will provide you with the straightforward answers you need.
Why Is There A Clinical Negligence Claim Time Limit?
The medical negligence time limit is in place to ensure that the legal system is fairer. Over time, circumstances can change. For example, it may be more difficult to determine the bodily and psychological effects of medical negligence on a person if they wish to claim 10 years after they received treatment.
Witness statements are a common way to prove that medical negligence occurred. However, the ability to recall events diminishes as time passes. Therefore, evidence can be more reliable if it is given within 3 years of the event.
You should begin gathering your evidence and researching your eligibility to claim as soon as you are able to do so. With the help of one of our advisors, you could find out today whether you meet the legal requirements to proceed with a clinical negligence claim.
What Can I Do If The Limitation Period For A Medical Negligence Claim Has Passed?
If you do not make a claim within the legal limitation period, the case may become time-barred. This means you could lose the right to make a claim for compensation.
However, you could still be eligible to claim under extenuating circumstances. However, these are considered on a case-by-case basis, so it is best to look into making a medical negligence claim as soon as you are able to do so.
Please contact our team of expert advisors today to find out whether you can make a claim with a solicitor from our panel. They can also provide you with further details regarding when you can claim outside of the medical negligence time limit.
Will A Medical Negligence Compensation Claim Be Settled Within The Three Year Time Limit?
Whether you medical negligence compensation claim will be settled within the 3-year time limit will depend on the specific factors of your case. It is important to note that the time limit is in relation to how long you have to start a claim, and not how long you have to settle it.
The factors that can affect the time length of a clinical negligence claim include:
- Whether you/your legal representative can reach an agreement with the defendant regarding who is liable for the harm you have suffered
- The nature of evidence required- Some cases require a Bolam test, which is where a panel of medical experts offer their opinion as to whether negligent treatment was given. You cannot control how long it takes for them to draw their conclusions.
- The extent of the physical and/or psychological harm that you have experienced unnecessarily- legal professionals may even need to take time to assess the future impact of your harm, as the compensation can account for this.
If you work with a solicitor from our panel, they will provide you with expert legal support throughout the entire process. They will make sincere efforts on your behalf to reach an agreement outside of court in a timely manner.
What Can Compensation Calculator UK Help With?
Here ar Compensation Calculator UK, we can help you assess whether you have a valid medical negligence claim, provide you with free advice, and potentially connect you with a solicitor from our panel.
A solicitor from our panel could help you by offering quality legal services on the basis of No Win No Fee. This is a common form of legal agreement that offers a financially viable way to access legal representation. A Conditional Fee Agreement (CFA) works along these lines. By signing this type of contract with a solicitor from our panel, there will be no requirement to pay for your solicitor’s work:
- Before the claim proceeds
- While the case is ongoing
- If you do not receive medical negligence compensation
On the other hand, should you be compensated, you will need to pay a success fee. This refers to the percentage of compensation that you owe to your solicitor. There is no need to worry about losing out, as the percentage is subject to a legally binding cap. This means that you will take home the largest share.
When working with a solicitor from our panel, you can also trust that your case is in capable hands. Our panel has decades of combined experience in navigating medical negligence law. They could help you by:
- Ensuring that you meet the medical negligence time limit for your specific circumstances
- Advising you on the evidence you will need and how you can access it
- Offering expert legal insight and advice throughout the whole process
- Estimating how much compensation should be owed and arguing for the defending party to adequately cover this
Contact Our Panel Of No Win No Fee Medical Negligence Solicitors
If you are interested in working with a No Win No Fee solicitor from our panel, contact our advisors today. They can assess your eligibility free of charge. There is no pressure to decide whether you wish to claim, as our advice is offered with no strings attached. You can simply reach out to learn more about the medical negligence time limit or anything else about the legal process.
- Call our team on 0800 408 7826
- Complete our online enquiry form
- Chat with an advisor live using the pop-up in the corner
More Information
Visit our other helpful guides below:
- Use our medical malpractice settlement calculator
- Find out how to claim compensation for blood clot negligence
- Learn about gynaecology negligence claims
External resources:
- Read the government webpage on Statutory Sick Pay (SSP)
- Find out how to raise a concern with the General Medical Council (GMC)
- Follow the advice for claimants, as provided by NHS Resolution
Thank you for reading this guide on the medical negligence time limit.
