What Is The Medical Negligence Claim Time Limit?

The medical negligence claim time limit is 3 years. This runs from the date of the medical negligence occurring, or from the date you realised that the medical negligence had happened. The latter is otherwise known as the date of knowledge.

The time limit that applies for all medical negligence claims is set out within the Limitation Act 1980.

There are exceptions to this medical negligence claim time limit, which we discuss later in our guide. If you aren’t sure if your claim is still within the time limit, call us today to see how we can help.

Why Are Claims Subjected To The Limitation Period?

Medical negligence claims are subjected to the limitation period for four main reasons:

It is easier to obtain evidence, as medical records and other documents will likely not have been lost, destroyed or misplaced within this timeframe.
It is easier to recall events, both as the claimant and a witness, as it will be fresher in your memory, so key details are unlikely to be forgotten or missed.
Rehabilitation can be arranged within this time period, aiding you towards a faster recovery, depending on the harm you suffered.
There are legal deadlines with the court that must be adhered to.

If you have any additional questions regarding the medical negligence claim time limit, you can contact one of our advisors.

What Are The Exceptions To The Medical Negligence Claim Time Limit?

There are certain exceptions to the medical negligence claim time limit. We have set these out below.

Children’s Claims

Children under 18 are unable to claim on their own behalf. In cases where the claimant is under 18, the time limit to bring a medical negligence claim is 3 years from the date of their 18th birthday. This means that they have until their 21st birthday to do so.

Prior to the claimant turning 18, an appropriate adult could be appointed by the courts to claim on their behalf as a litigation friend. This could be a parent, legal guardian or solicitor, for example. As a litigation friend, you are responsible for making decisions throughout the claims process in the claimant’s best interests.

Vulnerable Adults

Adults who lack the mental capacity to claim for themselves have the time limit suspended. During this period, a litigation friend could claim on their behalf.

Should the person regain this capacity, and a claim has not already been made for them, the time limit will begin from this recovery date.

Fatal Medical Negligence Claims

Fatal medical negligence claims (otherwise referred to as wrongful death claims) must be started within 3 years. This can run from:

The date of death
The date of knowledge, which can be formed from the date of an inquest or postmortem

It is important to note that under the Law Reform (Miscellaneous Provisions) Act 1934, only the estate of the deceased can start a claim within the first 6 months of death.

Under the Fatal Accidents Act 1976, the dependents of the deceased can begin their own claim for how the death has impacted them, if the estate has not begun a claim on their behalf within the first 6 months.

To learn more about the various exceptions to the medical negligence claim time limit, you can contact one of our advisors.

Can Claims Be Made After The Three Year Time Limit?

Claims that could be made after the three year time limit included:

Where the claimant is under the age of 18
Where the claimant lacks the mental capacity
Cases running from the date of knowledge, as opposed to the date the incident took place

If you do not fit the exceptions listed above, your case would become time-barred. What this means under the Statute of Limitations is that the time for you to start a claim for medical negligence has passed, and you cannot start a claim after this point.

If you’re unsure if your medical negligence claim time limit has passed, contact us today to see how we can help.

At What Point Should I Start My Claim?

You may be wondering when the best time to start a medical negligence claim is. The sooner you start your claim, the better. Evidence can be difficult and time-consuming to obtain; therefore, starting your claim as soon as possible gives you and your legal team more time to gather supporting evidence for your case. Your evidence may be in the following forms:

Medical records,
Details of witnesses who can provide a supporting witness statement
Medical experts offering specialist opinions

Additionally, starting your claim as soon as possible means that the events of the incident are still fresh in your mind to recall. It may also lead to you receiving compensation sooner (should your claim be a success) than if you waited a bit to begin the claiming process.

If you aren’t sure where to start or how to begin your claim, get in touch with our friendly advisors who can offer free advice and support you in the next steps of the process.

How To Know If I’m Eligible To Claim For Medical Negligence

In order for you to be eligible to claim for medical negligence, you must be able to meet the following criteria:

A healthcare professional owed you a duty of care
This duty was breached
This breach caused you avoidable or unnecessary harm

Any and all medical professionals who treat you owe you a duty of care. This means that the care they provide you with needs to meet the minimum expected standard. If they fail to do this, and this causes you to suffer unnecessary harm, this is known as medical negligence.

Some examples of when you may be able to make a medical negligence claim include:

Your GP prescribed you medication you were allergic to, as stated in your medical records, causing you to suffer an allergic reaction.
You were given the incorrect prescription whilst in hospital, causing you to suffer adverse side effects.
Your lung cancer was misdiagnosed as a chest infection, and you were not referred for further tests, causing the cancer to spread and you needing more aggressive treatment.

To see whether you may have an eligible case or to ask any questions regarding the medical negligence claim time limit, contact our advisors.

The Benefits Of Claiming As Soon As Possible

Starting your claim as soon as possible can benefit you in a number of ways. As we previously discussed, starting the claims process as soon as possible can give you more time and a better chance at gathering important evidence to support your case.

Starting the claims process as early as you can will also mean you can access specialised care and rehabilitation quicker. You may have suffered life-changing harm, meaning you require on-the-clock care and support. Starting your claim as early as possible will mean you can access the care you need to help you recover and aid you in the rehabilitation stage.

Another benefit of starting your claim early is that you may be eligible for interim payments. We understand that due to the harm you have suffered, you may require intricate medical procedures, or specialised care and support. These types of medical assistance can be expensive, causing financial strain during your claims process. Interim payments can help ease this financial difficulty. These payments are a portion taken from your final compensation amount, but paid to you early. They are only awarded in cases that are deemed to likely be successful.

To find out if you may be entitled to make a claim for compensation, you can contact our advisors.

Get Free Advice On The Medical Negligence Claim Time Limit

As part of the free services on offer, our helpful advisors can offer free advice on your case and assess your claims eligibility. They could also connect you with one of our No Win No Fee solicitors. We can help you navigate whether your case still falls under the medical negligence claim time limit and assist you with the next steps in the process.

Our specialist solicitors have years of experience dealing with various types of medical negligence claims. Additionally, by offering to work on your case under a Conditional Fee Agreement, you can experience:

Not paying any service fees upfront.
Having nothing to pay for their work as the claim is ongoing.
Not having any service fees to pay if the claim is unsuccessful.

A success fee will be taken as a percentage of your compensation and paid to your solicitor, should the claim be a success. However, the law limits this percentage.

Contact Us

If you would like to learn more about working with a solicitor from Advice for your medical negligence claim, you can contact one of our advisors:

Call us on 0161 509 2856
Contact us online
Use our live chat

Learn More

Learn more about other types of claims we could help you with:

Our guide on how to claim for dental negligence.
Learn how to claim if an operation has gone wrong
Advice on how to claim if you have experienced pressure sores.

Helpful external resources

The Royal College of Nursing guide on the duty of care owed by nurses.
Governmental advice on Personal Independence Payment if you have suffered a long-term health condition.
How to make a complaint about the NHS.

Thank you for reading this guide on the medical negligence claim time limit.

Meet the Team

Gemma Shields

Chartered Legal Executive | Road Traffic Accident Claims Specialist

Gemma Shields is a CILEx qualified legal professional with over a decade of experience in road traffic accident claims, including pedestrian, cyclist and motorcyclist cases. She provides clear, compassionate legal support to clients across England and Wales.

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