What are the time limits for making a medical negligence claim?

 

Medical negligence claims are brought by patients who have suffered an injury as a result of medical care they have received. To be eligible for a claim, it is not enough just to have suffered an injury. After all, medical professionals are only human and mistakes do happen.

Basic premise to claims

The law of medical negligence exists to provide patients with a remedy in circumstances where the care they received fell short of what they could reasonably expect from a medical practitioner.

To make a claim in medical negligence, you will need to seek legal advice from a medical negligence solicitor. A medical negligence solicitor will be able to assess the facts of your case to see if it has a chance of success. There are several things which your solicitor will need to prove.

As well as establishing actual harm, they must prove that the care you received was careless, lacking in skill, or contrary to established rules. They must also prove that the care you received caused the harm, and that it would not have happened anyway or was actually due to some other action.

Time details

Medical negligence claims must be brought quickly. If you have suffered harm after receiving medical care then you should consult your medical negligence practitioner at the earliest opportunity, not least because many straightforward claims are settled out of court.

There is a time limit of three years for a medical negligence claim. The three years begin from the moment you knew, or could reasonably have been expected to know of the harm that you are claiming compensation for.

In some instances however the court may waive this time limit, so consult a medical negligence solicitor in any event. If you are claiming on behalf of a child, then you have until their 21st birthday to make a claim, regardless of when the event happened.

If you would like to obtain legal advice on medical negligence claim time limites, Contact Law can put you in touch with a local specialist solicitor free of charge. So, if you have any questions or would like our help in finding local solicitors please call us on 0800 1777 162 or complete the web-form above.

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