Time Limits of Medical Negligence Claims
Solicitors are frequently asked whether or not medical negligence claims are restricted by certain time limits. This is a very good question, and in short, the answer is yes. Under the Limitation Act 1980, medical negligence claims must be settled within three years. There are, however, some exceptional circumstances which are discussed below.
Establishing a Limitation Date
When you make a medical negligence claim, your solicitor will need to establish a ‘date of limitation’ - ie. the day your claim must be settled by. This will be exactly three years from the date you first suspected you were the victim of medical negligence. So if a patient has had the wrong limb amputated, the error would have been recognised soon after the operation. Thus the time limit will start from the date the wrong-site surgery happened.
However, there are some circumstances in which a patient will only realise negligence has occurred some time after the event. For example, if a cancer patient is given an overdose of radiation therapy, he/she may not suffer any symptoms until years later. In such cases, the three years will start from the day the claimant was diagnosed with radiation exposure.
Are There Any Exceptions to the Rule?
Nevertheless, there are some exceptions to the three year rule. Firstly, a claimant who has a permanent mental disability will not be restricted by time limits whatsoever. If this mental incapacity is temporary, the date of limitation will not start until capacity has returned.
Secondly, those under the age of 18 are considered to be minors and are exempt from limitation until they become an adult. This means the three years will only start when they turn 18. Therefore even if the negligence occurred when a claimant was five years old, he/she will have until their 21st birthday to settle their claim.
Can the Time Limit be Extended?
The period of limitation can, in some cases, be extended. However, this will be the decision of the courts, and so you cannot be certain that an extension will be granted.
Rather than rely on the discretion of the courts, potential claimants should instead contact a medical negligence solicitor as soon as they suffer injury. Claims take a long time to prepare, and so the sooner a claim is started the better. Even if you have been the victim of a serious incidence of medical negligence, a solicitor may be unable to help if you leave it too late. Indeed, many will not take a case that is too close to the date of limitation.
If you believe you have suffered because of a substandard level of medical care, you need to speak to a solicitor as soon as possible. Remember, there are strict time limits at play, so do not delay in seeking expert legal advice.
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About the Author
Nicholas Jervis
1stClaims is run by a non-practising Personal Injury Solicitor with over 14 years personal injury claims experience. We use this first hand knowledge of the Personal Injury Claim system to hand select the very best medical negligence and personal injury solicitors for you.
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