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Advice On How Long You Have To Make A Medical Negligence Claim

How long do you have to make a medical negligence claim? The answer may depend on your specific circumstances, as the claims process can be affected by a range of factors. In our guide, you will find out what the limitation period is and how it applies to medical negligence cases.

Our guide will take a look at how the standard time limit is determined and why the limitation period exists in the first place. We also reveal if there are any exceptions to the time limit and whether there is also a deadline to settle a claim.

You will also read about the benefits of starting a claim as early as possible and what happens when you don’t file in time. Finally, we will explore the advantages of working with our panel of experienced medical negligence solicitors to make a claim for compensation.

At any point in this guide, you can get in touch for free and confidential advice from our team. They’re here 24/7 and are ready to answer any questions you may have as you take the first steps toward:

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  1. How Long Do You Have To Make A Medical Negligence Claim?
  2. Why Do Medical Negligence Claims Have A Time Limit?
  3. Exceptions To The Limitation Period
  4. Can I Claim Medical Negligence After 5, 10 Or 20 Years Under Special Circumstances?
  5. The Best Time To Start A Medical Negligence Claim
  6. Does My Claim Have To End Within Three Years?
  7. Free Advice From Medical Negligence Claims Care
  8. Learn More

How Long Do You Have To Make A Medical Negligence Claim?

Generally, you have 3 years to start a medical negligence claim, as established by the Limitation Act 1980. This piece of legislation stipulates that the 3 years will run down from either:

  • The date when the medical negligence occurred.
  • The date of knowledge. This term refers to the point where you reasonably connected your suffering to medical negligence.

There are exceptions to this timeframe under certain circumstances, which we’ll discuss later on in this guide.

Is There A Different Limit For NHS Claims And Private Claims?

No, there is no difference. The standard 3-year medical negligence time limit applies regardless of whether you were an NHS or private patient.

Our team is here 24/7, ready to answer any questions you have. All advice is free of charge, so why not get in touch?

Why Do Medical Negligence Claims Have A Time Limit?

There are several reasons why time limits are applied to medical negligence claims, including:

  • Evidence: Over time, evidence can be harder to obtain in full or may even be lost entirely. For example, data protection laws mean that medical records may be destroyed after a certain amount of time has passed.
  • Recovery: Claimants can access rehabilitative care and other specialist services while also seeking compensation.
  • Rights: A limitation period balances out the rights of both the claimant and the defendant by creating a reasonable timeframe in which to pursue compensation.
  • Accuracy: Involved parties, including claimants and potential witnesses, are more likely to accurately recall specific details about what happened.

For more information about time limits, please get in touch with our team. Or, keep reading as we continue to answer the question of, “How long do you have to make a medical negligence claim?’

Exceptions To The Limitation Period

As we touched on earlier, there are exceptions to the limitation period. Keep reading as we discuss who those exceptions apply to.

Claiming For Vulnerable Adults

Time limits do not apply to vulnerable adults who are mentally incapacitated since they are unable to make a claim by themselves. However, if a vulnerable adult regains their capacity, then the standard 3 years will take effect from the point of recovery. 

There is a way to bring a claim forward while the time limit is on hold. Specifically, a loved one or other eligible adult can take action for them by becoming a litigation friend. This role requires the litigation friend to perform various duties and act in the best interests of a vulnerable adult.

Claims Made On Behalf Of A Child

Minors are not subject to time limits either, as they also cannot start a claim on their own. That means the limitation period won’t begin until the day a child turns 18. The usual 3 years apply from this point, meaning an 18-year-old has until their 21st birthday to file a claim.

As with vulnerable adults, children can use a litigation friend to have their claims started before time limits take effect. Typically, a loved one like a parent will fill the role, but solicitors and professional advocates are amongst the other eligible candidates.

Time Limits For Deceased Persons Claims

In medical negligence claims involving wrongful death, the 3-year time limit runs from either:

  • The date that the deceased passed away.
  • The date of knowledge. In fatal medical negligence claims, this term refers to the point where a death can be reasonably connected to negligence occurring. It can be dated from the findings of an inquest or post-mortem.

However, only the deceased’s estate can make a claim in the first 6 months of their passing, per the Law Reform (Miscellaneous Provisions) Act 1934. After those 6 months, dependants are able to make a claim for themselves under the Fatal Accidents Act 1976 (FAA) if the estate has not already done so on their behalf.

We understand you may have other questions about time limits, so please don’t hesitate to reach out to one of our helpful team members.

A doctor examines a sick child who is lying on a bed next to his mother.

Can I Claim Medical Negligence After 5, 10 Or 20 Years Under Special Circumstances?

Under certain circumstances, it may be possible to start a claim outside of the standard medical negligence time limit. As we’ve already discussed, the limitation period for medical negligence claims can be affected by specific exceptions and something called the ‘date of knowledge.’

For instance, it may take years to establish that your GP negligently misdiagnosed your sprain as a fracture because they misread the test results. By this point, you might have already had unnecessary treatment, leaving you with chronic pain and permanent mobility problems.

If you’re unsure whether you still have time to claim, the best thing to do is to get in touch with our team. They’re here to help, and an advisor can provide you with supportive guidance tailored to your situation.

The Best Time To Start A Medical Negligence Claim

While you don’t have to make a claim straight away, we always recommend starting the process as soon as the clinical negligence occurred. Not every situation may allow for that, such as medical negligence cases involving someone with diminished mental capacity, but there are many benefits for doing so, as you will see next.

Why Is It Important To Start My Claim Early?

Starting your claim early can make the process of gathering evidence much easier, but there are many other benefits. Let’s take a closer look at how it can help clinical negligence cases, particularly when deciding to work with a solicitor:

  • Accuracy: As time goes by, it’s more likely that details will get foggier or be forgotten altogether. Your account of how you suffered because of medical negligence may be fuller and more accurate, which can help a solicitor build a strong case for you.
  • Evidence: The earlier you start, the easier it may be to obtain proof, such as witness statements or medical records showing how something like an incorrect prescription happened. Over time, contact details may change, which could make it harder for a medical negligence solicitor to get in touch with witnesses and collect supporting statements.
  • Time Limits: By filing early, you won’t have to worry about the limitation period affecting whether or not you can claim compensation.
  • Recovery: You may also get earlier access to specialist support, including rehabilitative care. If you win compensation, you’ll also have the funds needed to support your recovery, from home modifications to counselling and physiotherapy.

There is another benefit to making an early claim, which we discuss next.

Interim Payments

In certain medical negligence cases, it’s possible to apply for something called an interim payment. It’s essentially an advance in compensation to help with immediate costs like urgent medical treatment and is paid out before a claim has been settled.

You may be able to apply for an interim payment if it’s likely that compensation will be paid out, or if the defendant has accepted liability for the harm you suffered.

To find out more about the medical negligence claims process or interim payments, please get in touch with our team for free and confidential advice.

Does My Claim Have To End Within Three Years?

No, the 3-year medical negligence time limit only applies to the period when a claim needs to be started. Otherwise, there is no defined timeframe for when a case may conclude. All claims are determined by their individual circumstances, and many factors can influence how long a claim takes to be settled.

Would you like more information about this aspect of the medical negligence claims process? Then, please get in touch with an advisor by using the details listed in this guide.

Free Advice From Medical Negligence Claims Care

Here at MNCC, we understand that there is a lot to take into account when navigating the claims process. That’s why our advisory team is available 24/7 to offer whatever guidance is sought. They can answer any questions you might have about claiming medical negligence compensation and provide you with a free case assessment.

If you’re eligible, you could be connected with one of our panel’s specialist solicitors. By working with them, you may be able to claim through a Conditional Fee Agreement (CFA).

In short, CFAs take the worry out of facing mounting solicitor fees as you won’t pay them:

  • Upfront.
  • During the claim.
  • If you don’t get compensation.

What does that mean if you do win compensation? In that event, your solicitor will receive a proportion of your compensation as payment for their work. However, you’ll keep the vast bulk of your compensation, as the percentage taken is capped by law.

Contact Our Team

Do you have more questions about medical negligence time limits? Or would you like advice on getting started with making a claim? Our team are here 24/7, so please reach out for free, no-obligation advice by using the details below:

A solicitor answers the question 'How long do you have to make a medical negligence claim?' for a client.

Learn More

Below, you can find guides related to various medical negligence cases:

External resources:

As you reach the end of this article, we want to thank you for reading through our answers to the question of ‘How long do you have to make a medical negligence claim?’