The time limit to make a medical negligence claim is generally three years from the date of the alleged negligent medical treatment. This limit is known as the limitation period.
There are exceptions to this three year limit.
Children cannot bring a negligence claim themselves, and will require a ‘Litigation Friend’ to bring this on their behalf. A litigation friends is usually a parent or close relative.
A medical negligence claim can be brought on behalf of a child at any time before their 18th birthday. Once they turn 18, they will have three years within which to make a claim.
2.Date of Knowledge
If a patient was unaware of the negligent medical treatment, the three year limitation period will start on the date that they were made aware of the negligence.
In order for a claimant to ‘have knowledge’ three main requirements must be satisfied. These are:
- That the injury was significant;
- The injury was attributable in whole or in part to an act or omission which is alleged to constitute negligence, nuisance or breach of duty;
3. Mental capacity
A child or adult without capacity to run a claim, may not have a time limit within which to bring a claim. We recommend that you contact Devonshires Claims if you have any queries involving those who lack capacity and our specialist solicitors will be able to assist.
If a patient had died from a nerve injury resulting from medical negligence, the three period will apply from either the date of death or the date of knowledge, whichever is later. The estate of decreased may bring a compensation claim.