Understanding Medical Negligence Claim Time Limits
Is there a time limit on a medical claim? Here's our guide to understanding Medical Negligence Claim Time Limits.Start your claim
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For those wondering about a medical negligence claim time limits, the short answer is yes. However, filing a medical negligence claim is not always straightforward, and there are both rules and exceptions to consider.
Firstly, there is a three-year ‘statute of limitations’ on medical and clinical negligence claim time. What this means is, if you suffer from medical or clinical negligence, you have to file your compensation claim within three years of the incident or three years from the date you first became aware that negligence occurred.
When do I “become aware” of clinical or medical negligence?
The time limit on medical negligence claims is dependent not only on the date of the incident but also when you became aware that negligence took place. This is because many patients don’t realise something has gone wrong with their treatment until afterwards.
Others may realise their treatment didn’t go to plan but didn’t know medical negligence was to blame. No matter how long ago your treatment took place, if you can prove you have been aware of the negligence for less than three years, you may be able to claim compensation.
Medical negligence claim time limit UK: the “three-year rule”
The medical negligence claim time limit exists in the UK as long as the patient is over the age of 18 and can pursue their own claim.
The three-year rule does not apply if:
- The patient is a child: If the patient is under the age of 18, the medical negligence claim time limit is extended to three years after their 18th birthday, regardless of their age at the time of the incident.
- The patient is disabled or mentally ill: The three-year rule does not apply if the patient cannot meet the claim for medical negligence time limit due to disability or illness covered by the Mental Health Act. In this case, the medical negligence claim time limit doesn’t come into force until the disability or illness ceases to have an effect. This is the case even if the disability or illness was not caused by the incident in question.
What if my claim falls outside the three-year period?
Is there a time limit on medical negligence claims, even when you have suffered extreme emotional, physical or financial hardship as a result of the incident? Not always.
If the incident happened more than three years ago, but you have suffered considerably as a result, there is a small chance your claim will still be accepted.
If you can prove the incident severely impacted you and/or your quality of life, the medical negligence claim time limit does not always apply. In this case, a judge will assess the case and decide whether it can proceed regardless of the time passed since the incident. A medical negligence solicitor will then advise you on the steps to take going forward.
How much can I claim for medical negligence?
Every medical claim is different, so there is no set amount of compensation to expect. It’s best to discuss your case with a solicitor as soon as possible to get a better understanding of how much you can claim.
Our team will always work with you to get the maximum amount of compensation you deserve, but you must act quickly to avoid surpassing the medical compensation claim time limit.
Making a medical negligence claim within the time limit
Medical negligence claims are complex, regardless of when you begin the claims process. Therefore, it’s important to have an experienced medical negligence professional on your side. Our team will discuss your situation and medical claim in detail to help you work out:
- If your case falls within the time limit, and
- How much you could claim.
We will then work with you to recover any compensation you’re entitled to.
If you or a member of your family has been a victim of medical negligence, you should act as soon as possible. This means beginning your claim as soon as you become aware that negligence took place, and that you or a relative were affected. In most cases, the medical negligence time limit is upheld, so preparation is key.
If you’d like to file a medical negligence claim or simply have a chat about your options, then get in touch with our team of no-win-no-fee solicitors as soon as possible. Be sure to keep in mind the medical compensation claim time limit so you can maximise your chances of getting the compensation you deserve.