Is There A Time Limit On Suing The NHS?
Were you the victim of clinical negligence when being treated by the NHS? If so and you have clear evidence of how they’ve breached their duty of care, you could sue for compensation. However, there are time limits for medical negligence claims which must be respected. We will look at these in more detail throughout this guide.
In addition to looking at the time limits that apply to medical negligence claims against the NHS, we will also look at the different circumstances that can affect these time limits.
We will also look at exactly what constitutes medical negligence and what a typical claim for compensation could include. Furthermore, we’ll look at the different circumstances that could affect the length of time you have to make a medical negligence claim against the NHS.
If you’d like more information about the time limits for claiming against the NHS, then continue reading our guide. Alternatively, a member of our team can be reached on 0161 696 9685.
Select A Section
- A Guide To Time Limits On Medical Negligence Claims Against The NHS
- NHS Medical Negligence Compensation Calculator
- Types Of Damages You Could Claim
- What Is NHS Negligence?
- What Is A Medical Negligence Claim Against The NHS?
- When Might You Want To Claim For NHS Negligence?
- What Is Breach Of Duty Of Care And Causation?
- Who Could I Make A Claim Against?
- How Long Do You Have To Sue The NHS?
- How Long Do Children Have To Sue The NHS?
- Frequently Asked Questions About NHS Negligence Time Limits
- No Win No Fee Medical Negligence Claims Against The NHS
- Contact Us
- More Information
Our guide provides information on medical negligence time limits in the UK, which apply to cases brought against the NHS. If, for example, a condition is misdiagnosed or a surgical mistake was made, you could be entitled to seek compensation. The time limit to sue the NHS would depend on the circumstances surrounding your injuries; we will look at this in greater detail further on in this guide.
We provide detailed advice on what constitutes clinical negligence and how you can tell if the duty of care you were owed was breached. Our guide will offer you an insight into the amount of compensation you could receive for various injuries caused by medical negligence. Furthermore, we will look at the kinds of damages that can be included in a typical compensation claim.
To summarise, we will provide you with further resources that you may find useful when pursuing a claim. We will also answer some of the questions we’re commonly asked about making a claim following medical negligence.
If, after reading this guide, you still have any questions about medical negligence claim time limits, then please don’t hesitate to get in touch with us. Alternatively, if you’d like to get started with the claims process right away, we can help; just call us at the number to the top and bottom of this guide to speak with a member of our team.
It can appear difficult to put a value on a compensation claim for medical negligence. After all, a breach of the duty of care owed by a healthcare practitioner could have a wide range of effects depending on the individual circumstances.
Below, we have provided a table indicating the level of compensation you could receive in general damages. General damages is the part of your claim that compensates you for the injuries you’ve sustained and the impact they’ve had on your quality of life.
The amounts used in our compensation table are taken from the Judicial College Guidelines (JCG), which solicitors, as well as courts, use to value medical negligence claims. When you pursue a claim, you’ll be asked to attend a medical appointment with an independent expert. They’ll compile a report, which your solicitor will refer to in conjunction with the JCG in order to put a value on your claim.
The amounts included are guideline brackets only; the actual amount of compensation you receive could vary.
|Injury Type||Severity of Injury||General Damages based on Judicial College Guidelines|
|Organ damage||Serious impairment of the bladder||£60,050 - £75,010|
|PTSD (Post-traumatic stress disorder)||Moderate - perhaps trauma from being operated on incorrectly||£7,680 -£21,730|
|Back injury||Injury deemed severe||£85,470 - £151,070|
|Injury to a leg||Injury deemed severe||£51,460 - £85,600|
|Damage to female reproductive organs||Moderate||£3,180 - £19,170|
|Injury to arm||Injury deemed severe||£90,250 - £122,860|
|Injury to pelvis or hips||Diagnosis - Severe||£73,580 - £122,860|
|Hernia||Continual pain and limitation pf physical activities||£13,970 - £22,680|
|Injury to back/spine||Injury deemed moderate||£26,050 - £36,390|
To receive a more specific estimate of your potential compensation award, we’d need to hear more about your case. Why not call our team of clinical negligence advisers on the number at the top of this page?
Medical negligence compensation can consist of two parts. We’ve already looked at general damages, which compensate you for the pain, suffering and loss of amenity you suffered.
The second part of a compensation claim is special damages. These will compensate you for the financial losses and expenses you’ve incurred as a direct result of the medical negligence that you experienced.
Special damages can include things like:
You can claim back the cost of any prescriptions or medications that you’ve had to pay for while recovering. If you’ve had to pay for any treatment that you weren’t able to get on the NHS, then you may also be able to include the cost of this in your claim.
If you’ve been left unable to drive because of your injuries, then you could claim the cost of using public transport to get around. You may also be able to claim back any parking or fuel costs incurred when travelling to and from medical appointments.
You may need assistance around the home with daily tasks due to your injuries. No matter who takes care of you, the cost of their help can be claimed in special damages.
Loss Of Income
Having to take time off work to recover from your injuries could see you earning less income or missing out on an attendance bonus or pension contributions. You could claim loss of earnings if you did not get paid your normal wage. Your injuries may be so severe that you are unable to carry on working. If this is the case, you can claim loss of future income as special damages as well.
You must provide evidence of costs and losses you incurred to claim these back as special damages. This could be in the form of payslips, receipts and other documentation.
The list of special damages included above is not exhaustive by any means. If you’d like to know whether something can be included in special damages, please speak to a member of our team. They will be happy to provide you with free legal advice.
Patients may sue the NHS for medical negligence compensation for a number of reasons which includes:
- GP Negligence– This is where an error made by a general practitioner has caused you to become ill or injured. This could include missing or ignoring symptoms that you’re displaying or prescribing you the wrong medication, amongst other things.
- Childbirth negligence- This is where errors or negligence that occur during childbirth result in injury to the mother, baby or both.
- Surgical negligence– Where an error made during a surgical procedure results in you being harmed. This could include surgery being performed on the wrong site, amongst other things.
- Dental Negligence– Where a dentist neglects their duty of care to you, resulting in you being injured.
- Hospital negligence –This is where a treatment you received in a hospital caused you illness, injury or harm.
What Is An NHS Never Event?
A ‘never event’ is a serious incident that is totally preventable. It is one that could have been avoided, provided the correct guidance and recommendations regarding safety were followed.
Furthermore, when a medical practitioner does not follow the correct protocols, the consequence of their actions has the potential to cause a patient serious harm. In serious cases, it could result in a patient’s death.
The NHS has provided a list of “never events”. An example includes a surgeon leaving foreign objects inside a person’s body after surgery. These events always require investigation under the Serious Incidents framework.
If you’ve been impacted by any of these forms of medical negligence, get in touch with our team for free legal advice.
Sometimes, a medical practitioner provides you with treatment and care which falls below the minimum standard of competence, resulting in injury. This constitutes medical negligence. However, in order to claim, you must prove an injury could have been avoided if the treatment you received had been of an acceptable level.
Above all, for a clinical negligence claim to be valid, you must prove a medical practitioner in an NHS healthcare facility breached their duty of care when treating you. In addition to this, you would need to show that the injuries or ill-effects you experienced were directly caused by the action or inaction of the health professional.
An adviser is here to take your call and to offer advice on the time limits for medical negligence claims; just get in touch with our team today.
Medical experts have a range of responsibilities towards their patients, depending on their area of care. So it follows that there are a number of different ways that you can be the victim of medical negligence. These include:
- Being prescribed incorrect medication or dosage, resulting in you becoming ill or your original condition worsening.
- During childbirth, you or your baby were injured due to the negligence of a nurse, midwife or surgeon.
- Suffering harm during or after a surgical procedure because the surgery was carried out incorrectly
- Having the wrong tooth extracted by a dentist
- Contracting an infection during a hospital stay as a result of unsanitary conditions, tools or instruments
The list that we’ve provided above doesn’t cover all of the ways a medical professional can breach their duty of care. Speak to a member of our team to see if you would be eligible to claim.
You have to show that on the balance of probabilities, the harm you were caused could have been avoided had you received a better standard of care.
This means you have to show that, were it not for the actions of the negligent healthcare provider, you wouldn’t have suffered from the injury or illness. Sometimes, a claim might be made for misdiagnosis or an illness that hasn’t been diagnosed in good time. In these cases, you need to be able to show that the condition would not have worsened were it not for the standard of care you received.
In a claim for compensation for medical negligence, the medical professional’s peers will be asked to confirm how they would have acted in the same circumstances. Someone in the same profession could confirm that they would have acted differently when presented with the same circumstances. If this is the case, then the healthcare provider can be said to be negligent.
A member of our team can assess your case and offer free legal advice on whether you could proceed with a claim for compensation against the NHS. Just get in touch with us today for more information.
The NHS Resolution, formerly known as the NHS Litigation Authority, handles clinical and non-clinical claims made against the NHS.
There are some schemes specifically designed to compensate patients who are harmed. These are:
- Vaccine Damage Unit for injuries caused by vaccinations
- The MacFarlane Trust for people who contracted HIV following haemophilia treatment
Please do not hesitate in contacting a member of our team to find out who your negligence claim could be filed against if you are unsure who is to blame. Furthermore, for advice on time limits for medical negligence claims, a member of our team is here to assist you.
The table below provides valuable information on the time limits associated with medical negligence claims made against the NHS. It shows how different circumstances affect how long you have to file a claim.
|Medical negligence claims||Typically 3 years from date injured or the date of knowledge|
|Claims made for people with diminished mental capacity||There is no time limitation, unless the person regains mental capacity in which case the 3 year limit runs from this date|
|Claims made on behalf of a minor - child under the age of 18||Up until a child’s 18th birthday for a litigation friend to claim on their behalf. If the child wants makes the claim they can do so when they turn 18 years of age and they have up till they are 21 to seek compensation|
Sometimes, you may make a negligence claim against the NHS because a child was harmed. In these cases, the time limit can vary depending on several factors.
A parent can act as a child’s litigation friend. They can bring a claim against the NHS up until the child turns 18 years of age. It doesn’t matter how old they were when the negligence occurred; a claim can be made on their behalf up until their 18th birthday.
If there has been no claim made on the child’s behalf by the time they turn 18, they can then make a claim themselves. They would then have 3 years from their 18th birthday to file a claim for medical negligence against the NHS.
If the effects of the medical negligence were not noticed until the child was an adult, then they will have three years from the “date of knowledge” to make a claim. This is the date when it was known (or should have been known) that the effects were the result of medical negligence.
Below, we’ve included some of the questions we’re commonly asked about the time limits for claiming against the NHS.
Can I sue the NHS after 3 years?
A medical negligence claim against the NHS should generally be filed within 3 years. To clarify, you must make a claim for compensation within 3 years of being injured or from when you became aware that your injury was caused by negligence.
Where children are concerned, the time limit does not begin until they turn 18 years of age. This means that a child has up until their 21st birthday to seek clinical negligence compensation, provided a litigation friend hasn’t claimed on their behalf while they were still underage.
What if my loved one lacks the mental capacity to claim for themselves?
You can act as a litigation friend to claim on their behalf. The time limit for claiming is frozen unless they regain the mental capacity to make a claim. At this point, the three-year time limit starts.
What would a patient have to prove to claim medical negligence?
In order to make a claim for medical negligence against the NHS, you need to be able to prove two things: “breach of duty” and “causation”.
“Breach of duty” means that the level of care you received fell below the acceptable standard. To prove causation, you need to show that the injury or illness suffered was a direct result of the breach of duty you experienced. You need to be able to show that, were it not for the substandard care you received, you would not have suffered in the way you did.
A No Win No Fee agreement, which is sometimes referred to as a Conditional Fee Agreement, is a way of making a claim that doesn’t require the upfront or ongoing payment that’s often associated with legal representation.
When you sign a Conditional Fee Agreement with a lawyer, you do not have to pay anything for them to start working on your case. The benefits of working with a No Win No Fee lawyer are detailed below:
- No upfront or ongoing fees to pay, no matter how long it takes to settle your claim.
- Nothing to pay your solicitor in the event that your claim doesn’t succeed
- If you win your case, a legally capped success fee is taken from your payment to cover your solicitor’s costs.
For more information on whether you have good grounds for a medical negligence claim against the NHS, please reach out to a member of our team today. If your claim has a good chance of success, you could be connected with a No Win No Fee lawyer from our panel.
If you want to learn more about making a clinical negligence claim against the NHS, get in touch with our team today. Additionally, if you have questions you would like answered, a friendly adviser is here to assist you. We can be reached in the following ways:
- Call a member of our team on 0161 696 9685
- Speak to an adviser on our Live Chat
- Fill out our contact page
Claiming compensation for a hospital-acquired infection– If you contracted an infection in a hospital, read our guide to see if you could claim.
How to sue the NHS for clinical negligence– This guide provides more information on claiming against the NHS.
Medical negligence wrongful death claims– In this guide, we’ll look at the process of claiming compensation for medical negligence resulting in death.
Making a complaint to the NHS– The link provided takes you to the NHS complaints website.
NHS Resolution– This page provides more information on the NHS Resolution procedure.
Duties of a doctor- This ethical guidance from the General Medical Council outlines the standards expected from doctors in four domains.
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