Time Limits for Clinical Negligence Claims

graystons
Jan 12
3 min read

If you or a loved one has suffered harm due to poor medical care, you may be entitled to bring a clinical negligence claim. However, many people are unaware of strict time limits for starting a claim, and missing these deadlines can mean losing the right to compensation.

Understanding limitation deadlines is crucial, so seeking legal advice early can make all the difference.

What Is a Limitation Deadline?

A limitation deadline is the legal time limit within which a clinical negligence claim must be started at court. If proceedings are not issued before the deadline expires, the claim is usually “time-barred”, meaning it cannot go ahead, regardless of how strong the case might be.

These rules exist to ensure claims are brought while evidence is still available, but they can feel unfair if you are still coming to terms with what has happened.

The General Rule: Three Years

In most clinical negligence cases, you have three years to bring a claim. This three-year period usually runs from:

The date the negligence occurred, or
The date you first realised (or should reasonably have realised) that your injury was caused by negligent medical treatment

This second option, known as the “date of knowledge,” is particularly important in cases involving delayed diagnosis or gradual deterioration.

For example, you may only discover years later that a missed diagnosis or incorrect treatment caused your condition to worsen. In those cases, the three-year clock may start later — but this is not automatic and often requires careful legal analysis.

Special Rules for Children

If the injured person is a child, the rules are different and more flexible.

The three-year time limit does not start until the child turns 18. This means a claim can usually be brought at any point up until their 21st birthday.

A parent or guardian can bring a claim on behalf of a child at any time before the child turns 18, and in many cases, it is advisable to do so sooner rather than later to preserve evidence and secure early support.

What If the Injured Person Lacks Mental Capacity?

Where a person lacks the mental capacity to manage their own affairs (for example, due to a brain injury or severe learning disability), the limitation clock may not run at all while they lack capacity.

This can be a complex area of law, and medical and legal evidence is often needed to determine whether capacity has been present at any point. Early legal advice is essential in these cases.

What Happens If the Limitation Deadline Is Missed?

In very limited circumstances, the court has discretion to allow a claim to proceed outside the normal time limit. However, this is rare and should not be relied upon.

If the deadline is missed, the defendant is likely to raise limitation as a defence, the claim may be struck out before the evidence is even considered, and compensation may no longer be available.

This is why it is always safer to assume the clock is running and seek advice as early as possible.

Why You Shouldn’t Wait

Many people delay seeking legal advice because they:

They are still receiving treatment
Feel uncertain about what went wrong
Worry about the stress of making a claim
Don’t want to appear confrontational

However, speaking to a clinical negligence solicitor does not commit you to bringing a claim. It simply allows you to determine whether negligence may have occurred, which deadlines apply in your situation, and what steps (if any) you should take next.

Graystons Solicitors offer a free initial consultation and can advise you with sensitivity and clarity.