Time limits for medical negligence claims
Strict time limits apply to making a medical negligence claim, which, if missed, could result in you losing the right to claim compensation. It is therefore very important that you contact a solicitor as soon as possible, if you suspect that you have suffered injury and loss due to sub-standard treatment.
For medical negligence claims, you must issue proceedings in the high court or the county court against the Defendant(s) within 3 years of your “date of knowledge”. The “date of knowledge” is the date when a reasonable person in your situation would first have had knowledge -
(1) That your injury was significant; and
(2) That your injury was either totally or partly caused by an act (or a failure to act) which you believe was negligent; and
(3) Of the identity of the person (or organisation) who you believe was negligent.
Failure to issue court proceedings within this deadline could result in your claim being time-barred and you losing the right to claim compensation.
If, as an adult you did not have the mental capacity to instruct a solicitor to make a claim, the clock doesn't start ticking until you have regained capacity.
If you are a child, then court proceedings must be issued by you 21st birthday to protect your right to make a claim. Failure to take this step could result in your claim being time-barred and you losing the right to claim compensation.
For free advice, contact Bolt Burdon Kemp’s expert medical negligence solicitors and let us assess your claim online.