What is the time limit for making a medical negligence claim?

If you have suffered avoidable harm due to medical negligence, you may be eligible to make a claim for compensation. If you believe you have a valid case, you should contact a solicitor as soon as possible, as there are strict time limits for making a medical negligence claim.

Typically, you have three years to seek compensation after suffering a personal injury. However, there are exceptions to this rule, including for children and vulnerable adults. Regardless of your situation, the sooner you start legal proceedings, the better.

To start a claim today or learn more about the limitation date for medical negligence, contact us on 0800 470 0474 or enter your details into our contact form to request a call back.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

Call me back

By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• What is the time limit for medical negligence claims?
• Why is there a medical negligence claim time limit?
• Are there exceptions to the three-year time limit for medical negligence claims?
  • Date of knowledge
  • Children
  • Mental capacity
  • Death
  • Negligence abroad
• What happens if I do not make a medical negligence claim within the limitation period?
• What are the benefits of starting a claim early?
• How do I know if I have a valid claim for medical negligence?
• What is the personal injury claims process?
• How long will a medical negligence claim take?
• How much compensation can I expect?
• How much will it cost to hire a medical negligence solicitor?

What is the time limit for medical negligence claims?

If you or a loved one have suffered as a result of substandard care, you may consider making a medical negligence claim. This could stem from various failures, such as a misdiagnosis, delayed diagnosis, surgical mistake, inadequate treatment or a prescription error.

The limit for starting a claim for compensation following medical negligence is typically three years from the date of the incident. This limitation date is established by the Limitation Act 1980 and cannot be exceeded, or you will likely lose your legal right to claim.

There are several exceptions that apply to the limitation date, such as for children and adults who lack mental capacity. These are detailed below.

Why is there a medical negligence claim time limit?

You might wonder why there is a time limit on medical negligence claims. There are several valid reasons for which the three-year limitation date exists:

• It ensures that key evidence such as medical notes is not lost or destroyed;
• It ensures that you and your witnesses do not forget essential details about what happened;
• It provides a reasonable timeframe to claim compensation so that hospitals and doctors are not at risk of legal claims indefinitely;
• It encourages prompt legal action, which can prevent similar incidents from happening again;
• It helps courts manage caseloads more efficiently;
• It helps prevent unfair claims, as it becomes harder to prove or disprove negligence as time passes.

If you want to claim for medical negligence, you should seek legal advice as soon as possible to ensure your case is processed effectively and you have the best chances of success.

Are there exceptions to the three-year time limit for medical negligence claims?

As mentioned above, there are several exceptions to the three-year time limit on medical negligence claims. This includes the following:

Date of knowledge

In some circumstances, the damage caused by medical negligence might not be immediately apparent. In such cases, the three-year time limit will commence from the date of knowledge. This is defined as the moment when a person was aware of or ought to have known:

• That their injuries were significant;
• That their injury was at least partially attributable to the error or negligent treatment that they received;
• The identity of the defendant.

This time limit typically applies to claims related to misdiagnosis or delayed diagnosis, where the harm is only discovered later.

Children

If the victim of medical negligence was a child at the time of the incident, their three-year time limit begins from the date of their 18th birthday. This gives them until the age of 21 to start a claim.

Since there is no legal capacity for a child to seek compensation, an adult, which is usually a parent or legal guardian, can make a child injury claim on their behalf. For this, they would have to apply to the court to be appointed as their litigation friend.

Mental capacity

If the claimant is suffering from a condition affecting their mental capacity, the three-year time limit may begin from the date of their recovery. If their condition is permanent, the limitation date is suspended altogether.

Under the Mental Capacity Act 2005, an adult who may need a litigation friend to represent them (known as a protected party) is someone who suffers from one of the following:

• A brain injury or stroke
• Post-traumatic stress disorder (PTSD)
• An intellectual disability such as autism
• A mental health disease like schizophrenia
• A neurodegenerative condition such as dementia

Death

If clinical negligence results in the death of a patient, the victim’s family are eligible to make a claim. They have three years from the date of their loved one’s death to initiate their claim.

If the negligence was only discovered after death, such as during a post-mortem or inquest, the three years begin from the date of knowledge.

Negligence abroad

If you sought medical care abroad and you suffered avoidable harm as a result, you may still be entitled to compensation. However, the time limit to start a claim may differ from country to country and be shorter than three years.

No matter how long you may have, you should start your claim as soon as possible. Medical negligence cases can be complex, and the sooner you seek legal advice, the easier it is to gather evidence and build a strong claim.

What happens if I do not make a medical negligence claim within the limitation period?

If you fail to start your claim for medical negligence within the legal time limit, you may lose your right to compensation. Your claim will likely be statute-barred, and the court will not allow you to proceed.

However, under exceptional circumstances, the court may use its discretion to extend the limitation period, even if your claim is time-barred. This is allowed by section 33 of the Limitation Act 1980. The court will consider several factors to decide whether to extend the time limit, such as:

• How long the delay was and why the claim was not started in time;
• The extent to which the delay has affected the cogency of evidence;
• Whether the claimant acted as soon as reasonably possible once they became aware of the possibility to claim;
• How the defendant acted after the negligence occurred;
• The steps the claimant has taken to obtain expert advice related to their circumstances and the nature of the advice they received.

It is worth seeking legal advice even if you are outside the medical negligence time limit. You may be allowed to proceed if your case has merit and your evidence is strong.

What are the benefits of starting a claim early?

Starting a medical negligence claim as early as possible offers several key benefits, including:

• It ensures that crucial evidence, such as medical records, are well-preserved;
• The sooner you start, the fresher the details will be for you, any witnesses and the medical staff;
• It ensures that your claim will be ready within the time limit;
• If liability is admitted early, it will give you access to interim payments that can help you cover urgent financial needs, such as medical bills;
• Your solicitor can also help you get access to the best medical care, support and rehabilitation;
• The sooner you start your claim, the sooner changes can be implemented to prevent similar harm to others;
• It improves your chances of making a successful claim and getting compensation in the shortest time possible;
• Prolonging the claims process can lead to more stress and emotional drain.

How do I know if I have a valid claim for medical negligence?

If you have been injured or suffered an illness that was caused by negligence on the part of a medical professional, you could be entitled to make a claim if you can prove that:

• You were owed a duty of care. All healthcare providers owe their patients a duty of care. They must offer treatment that meets an acceptable standard of care, ensuring patient safety and well-being.
• This duty was breached. A breach of duty occurs when a healthcare professional fails to meet the standard of care expected of them. This means their actions (or lack of actions) fall below what a competent professional in the same field would do.
• This has directly caused you harm (causation). You must be able to prove that the breach of duty directly caused harm or worsened your condition. You would not have a valid claim if the medical negligence had no consequences.
• You suffered damages as a result. These refer to the pain, suffering and financial losses incurred as a result.

Whether the negligence was at the hands of a doctor, a nurse, a dentist or any other healthcare worker, an experienced solicitor can help you every step of the way.

What is the personal injury claims process?

The process of making a medical negligence claim begins with getting in touch with an experienced solicitor. They will assess your case and determine its strength.

If your chances of receiving compensation are good and you can proceed, your solicitor will help you gather supporting evidence. This could include:

• Your medical records
• Medical reports from specialists
• Witness statements and your testimony
• Photographs or videos of your injuries
• Any complaints filed with the hospital of GP
• Proof of financial losses and expenses

Next, your solicitor will send a letter of claim to the other party and inform them of your allegations of negligence and the compensation you seek. If they admit fault, you can begin to negotiate a settlement.

If the defendant denies negligence, your solicitor will issue court proceedings, but most cases (more than 96%) are resolved before reaching trial. If your case goes to court, a judge will decide its outcome based on the presented evidence.

You will typically receive your compensation award within four weeks if your case is successful.

How long will a medical negligence claim take?

The time it takes to resolve a medical negligence case can vary depending on several factors. These include:

• The type and severity of your injuries, their prognosis and long-term impact
• Whether the defendant contests the claim
• How fast you can secure supporting evidence from the hospital and witnesses
• Whether the case goes to court

If the injuries sustained are minor and liability is admitted early, your case could be settled within 6 to 12 months. On the other hand, if liability is disputed and the consequences of negligence are life-changing, your claim could take more than three years to conclude.

Your solicitor will work hard to ensure you receive compensation within the shortest time. They may also be able to secure interim payments for you to cover any immediate financial needs while the case is ongoing.

How much compensation can I expect?

The amount of compensation you could receive for an injury caused by medical negligence depends on its severity and how it has affected your life. Your payment will be calculated based on two types of damages:

• General damages cover the pain, suffering and loss of amenity caused by your injury or illness. They encompass physical pain, mental distress, emotional impact, loss of amenity and other subjective losses.
• Special damages cover financial losses incurred as a result of your injury. Examples include corrective treatments, loss of earnings, travel expenses and home adaptations.

General damages are based on the Judicial College guidelines. You can find out how much your claim could be worth by referring to our injury compensation calculator.

How much will it cost to hire a medical negligence solicitor?

If you are entitled to claim, an experienced medical negligence solicitor will represent you on a no win no fee basis. They take on the risk of litigation so that you can benefit from legal support regardless of your financial status and without taking any risks.

The no win no fee service works like this:

• You do not pay any legal fees upfront.
• If your solicitor secures compensation on your behalf, they get a success fee capped at 25% of your payment.
• If you lose the claim, you do not have to pay them a single penny.

Besides the conditional fee agreement, you can also benefit from After the Event (ATE) insurance. The ATE will cover all the legal expenses if you lose the case, including court fees, expert witnesses and the defendant’s legal representation.

To receive a free case assessment and find out if you are eligible to pursue a claim for compensation, feel free to call 0800 470 0474 or request a call back. This initial consultation is completely free and provided without any obligation to proceed any further.

Not only will you find out if you have a valid claim, but you will also be able to ask any questions about the time limit for medical negligence claims.