Do Medical Negligence Claims Have A Time Limit?

What are the limitations on medical negligence claims?

In the UK, the Limitation Act 1980 sets out the time limits for making different types of legal claims. The time limit to make a claim is known as a limitation period and lasts three years. This time limit applies to all types of medical negligence claims. The three years runs from the date the negligence occurred, or the date you become aware of it. That is because symptoms or illnesses that are associated with negligence can sometimes take longer to manifest. Although three years may seem like a long time, it’s crucial to remember that this isn’t the cut-off for seeking legal advice but rather, the claim must be submitted at court prior to the deadline.

Are there any exceptions to the limits of medical negligence claims?

While three-years is almost universally the time limit in medical negligence claims, there are important exceptions to the standard three-year time limit. These are related to the capacity and vulnerability of the victim, and severity of the outcome. While these are generally understandable, a medical claims solicitor will be able to offer the best advice on how they specifically apply to your case.

Victims with Diminished Mental Capacity

If the claimant is a protected party, usually an individual with a diagnosed mental impairment, or they lack the mental capacity to understand the claim, there is no immediate time limit for their medical negligence claim. This also applies if the negligence they suffered resulted in diminished mental capacity or brain damage. This decision is arrived at by the solicitor with the aid of medical experts. However, if they are fortunate in recovering from their mental illness and deemed capable of handling their medical negligence claim, they will have three years from the date of their recovery. If they then lose mental capacity again, the clock on limitation continues to tick.

Children

Children under the age of 18 have three years from the date of their 18th birthday to bring a claim forward. This exception has been designed so that once legally an adult, the individual can pursue the claim themselves.

However, if a parent has made a claim on behalf of a child before they turn 18, the child cannot make a claim for the same case of medical negligence once they are an adult. Additionally, if an individual suffered medical negligence as a child, but then are deemed to lack the mental capacity to make a claim as an adult, there is no stated time limit for medical negligence claims.

Death

If the victim of medical negligence has passed away, the family of the deceased have three years from the date of death to bring a claim forward on behalf of the victim’s estate, so long as the limitation has not already expired. If the negligence is undetected until the victim dies, the three-year time limit for medical negligence claims applies from the date of death or discovery, whichever is later.

Should a claimant pass away during the process of making a claim, the personal representative (usually a family member) will have three years from the date of death to continue with their claim, as it may need to be reviewed or restarted.

What should I do if I have a medical negligence claim?

Alsters Kelley is ready to provide you with the careful assistance and support to understand and pursue any negligence claim you might have. Don’t hesitate to get in touch today, so we can chat to help you with the best path forward.

Sources
Gov.uk – https://www.gov.uk/using-mobile-phones-when-driving-the-law