Time limits for bringing a medical negligence claim
Many people do not realise that there are time limits for bringing legal actions. The time limit which applies will depend on the type of claim which is made.
For claims involving personal injury sustained as a result of another’s acts/omissions including clinical negligence claims, the time limit is three years from the date of the alleged negligence or three years from the date when you suspect or believe or ought to have suspected/believed that you may have suffered as a result of another’s act or omission. This is called your ‘date of knowledge’.
If a person who has suffered personal injury as the result of another’s negligence, dies within the three year limitation period, the period is extended to three years from the date of death.
In the case of a child who has suffered injury, the three year limitation period does not start until the child’s 18th birthday.
If a person lacks mental capacity, the three year time limit does not apply until they have regained their capacity.
In certain circumstances it is still possible for a claim to be made outside the three year time limit. However, these cases are the exception rather than the rule.
Graystons is a specialist clinical negligence law firm based on the Wirral. We will advise you on the time limits which apply, and if your claim is out of time, the prospect of it being allowed to proceed.
Contact Graystons now for more information.
Tel: 0151 645 0055