However much time has passed since you were subject to medical negligence, please don’t hesitate to contact us about a possible claim. If your physical, emotional or financial wellbeing has suffered due to negligent medical treatment, we want to help you get the compensation you deserve.
To view this video please enable JavaScript, and consider upgrading to a web browser that supports HTML5 video
Unlike other firms, Medical Solicitors do not shy away from medical negligence claims with time limit difficulties. If there are reasonable grounds to seek permission from the court, we will take on cases with a good chance of success. Medical Solicitors will never automatically turn away valuable cases where the typical medical negligence claim time limit is close to expiring.
In this guide, we cover the key areas of medical negligence claim time limits in England and Wales, including dates, exceptions and benefits of starting your claim as early as possible.
What Is the Time Limit for Medical Negligence Claims?
There is a 3-year time limit for issuing court proceedings for medical negligence claims. This time limit applies to all types of medical negligence claims, including:
In the UK, time limits are set out in the Limitation Act 1980.
When Does the Medical Negligence Claim Time Limit Start?
A claim form must be issued in court within 3 years of either:
- the date of the medical treatment or accident that led you to seek advice, or
- the date upon which you realised or ought to have known that your injuries were caused by the medical treatment or accident
It is not necessary for you to know whether the treatment was negligent, just that it may have caused you injury.
When Does the Medical Negligence Claim Time Limit Apply?
In England and Wales, the 3-year time limit applies whether you are bringing a medical negligence claim against the NHS or a private healthcare provider. However, if you have a reasonable argument, you can ask the court to allow your claim to proceed outside this timeframe.
What Should I Do If the Time Limit on My Medical Negligence Claim Is Approaching?
If the deadline for your medical claim is approaching, you should act as soon as possible. Medical Solicitors do not automatically turn away cases approaching the time limit, but the sooner you contact us, the better your chance of winning the compensation you deserve.
Is There an Exception to the Time Limit for Medical Negligence Claims?
Yes, there are some exceptions to the time limit for medical negligence claims. If you are unsure whether any of these exceptions apply to you and your case, please don’t hesitate to contact us for guidance.
Death
Where a person was killed by the medical treatment or accident, strictly speaking, their family has 3 years from the date of their death, unless the claimant is under 18. If the medical negligence is discovered after the victim has died, the claim time limit begins on the date of discovery.
However, we have succeeded in a case that was 4 years and 7 months past the date of death. We accepted this case because we felt that the wrong cause of death had been decided at an inquest and that the family had been misled by the local hospital trust.
If a person dies while they are in the process of making a medical negligence claim, their family usually has a 3-year time limit from the date of their death to continue with the claim. This is because the claim may need to be reviewed, changed or restarted.
This time limit can be extended by up to 9 months after an inquest if the case involves GP or NHS Trust care and has been delayed for a very long time. So, if an inquest didn’t happen until, say, 2 years and 6 months after the death, then the time limit would be 3 years and 4 months.
If you believe a loved one was killed as a result of medical negligence, you may attend a medical negligence inquest as part of the claim process. Our solicitors can represent you at hearings, help you prepare and ensure the witnesses are asked the right questions.
Age
In cases involving children, the 3-year time limit does not start until their 18th birthday. This means they have until their 21st birthday to begin their medical negligence claim.
If they were subject to medical negligence before the age of 18 but didn’t become aware until after their 18th birthday, the time limit starts on the date of discovery.
Mental disability
Where a victim of medical negligence is incapable of instructing a solicitor, the claim time limit does not start until they regain the ability to understand and bring legal proceedings.
Time does not run at all for mentally disabled or disabled people who are not able to communicate effectively with a solicitor.
If the medical negligence has resulted in brain injury or reduced mental capacity, then there is no immediate time limit.
Mental disability can include certain psychiatric conditions, depending on their duration and severity.
When Does the Court Allow a Medical Claim to Go Ahead Out of Time?
The court allows certain medical negligence claims to continue beyond the 3-year time limit. Even if you think you may have missed your deadline, you can still contact us to discuss your case and whether you may be able to apply for discretion.
The court is often sympathetic to vulnerable claimants who have been severely injured, and when medical records still exist. But time is of the essence, and ongoing delays can undermine arguments for discretion.
Chances of extension depend on the facts of each case, so please get in touch to find out whether you could apply for discretion and receive a longer time limit for your medical negligence claim.
Benefits of Starting Your Medical Negligence Claim Early
You should start your claim as soon as possible for the best chance of a compelling and successful case. Medical negligence claims have time limits to ensure the court has the clearest picture from both parties, as over a long period, gaps in the evidence may develop.
Here are three key benefits of starting your medical claim early:
- Witness accounts — The earlier you start your claim, the more clearly witnesses should be able to recall their version of events.
- Medical records — Over time, medical records can degrade, be lost or destroyed. Starting your claim early makes it easier to find reliable copies.
- Ongoing payments (‘Interim Payments’) — While your claim is in process, you may be able to seek payments to help with the changes to your life that the negligence caused. For example, if you are seeking damages for an amputation or limb loss, you may need to adapt your home, move home or pay for specialist equipment before your claim has been settled. Interim payments on account of final compensation could also help cover a rehabilitation programme or your travel expenses if you have to attend additional hospital or therapy appointments.
How Long Does a Medical Negligence Claim Take?
A medical negligence claim can take months or years to conclude, depending on the complexity of the case. For example, if your injuries are severe, the claim is contested, or the claim goes to court, this will likely add time to the process.
Impact of COVID-19 on Medical Negligence Claim Time Limits
For a significant part of 2020 and 2021, the UK was under lockdown due to the COVID-19 pandemic. The disruption this caused resulted in significant delays to medical treatments, court proceedings and legal assistance.
Many people assumed that time limits for medical negligence claims would be extended or put on hold, but this was not the case. Time limitations were not suspended during lockdown, although arrangements were agreed between representatives of the NHS and UK medical lawyers to ensure there was co-operation and understanding when the courts could not operate as usual (‘The COVID-19 Clinical Negligence Protocol’).
Additionally, some people hesitated to make a claim during the pandemic because of the extra pressures and challenges the NHS and healthcare staff were facing. However, misdiagnosis or substandard care cannot be excused due to the pandemic conditions. In any event, the NHS has always budgeted for claims and self-insures itself in this respect.
Some claimants were dismissed by their solicitors when lockdowns were imposed. If this delays the start of your claim, the court may allow your claim to proceed out of time. You may also be eligible to make a professional negligence claim against your original solicitor.
If you resonate with any of these situations and believe your medical negligence case was impacted by the COVID-19 pandemic, please don’t hesitate to contact us. We will do everything in our power to build a case showing that you made a significant effort to start your claim and request a moratorium from the proposed defendant healthcare provider, so a proper investigation can take place without the initial need for court proceedings.
How Can Medical Solicitors Help?
Our friendly team of specialist lawyers at Medical Solicitors have extensive experience in bringing successful medical negligence claims and can help you navigate the time limit for your case.
If you are concerned about the time limit for your medical negligence claim, contact our team of specialists for help figuring out the best next steps. Our ‘No Win, No Fee’ agreements mean there is no need to worry about funding a claim with Medical Solicitors.
