As with all medical negligence claims, there is generally a three year limit. This means that you must bring your claim within three years of the negligent incident or drug / medication error.
There are some exceptions to this general rule, so it is a good idea to speak to a medical negligence claims specialist even if more time has passed, as you may still be eligible to make a claim.
The circumstances in which an exception to the time limit may apply include:
- You only find out about the error later—in this case, the three-year time limit may begin from the point at which you become aware or are made aware of the negligence.
- The claimant is under eighteen—in this case, parents or guardians will have until the child’s 18th birthday to make a claim on their behalf. After their 18th birthday, they will then have three years to make a claim on their own behalf.
- The claimant lacks the 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.
- The claim is being brought because someone died. In this case, the dependants or representative of their estate will generally have three years from the date of death to make a claim.
