Is there a time limit to make a birth injury negligence claim?

In all medical and clinical negligence cases, there is a three year limitation period, although there are a few exceptions. The Limitation Act 1980 sets the time limit as running from either the date of the injury, the date of the alleged negligence or from the date the patient was aware that the alleged negligence or harm had occurred – if this was later.

Key points:

  • A mother who received negligent care and treatment before, during and after birth, must bring a claim within 3 years of the date of the injury.
  • If your baby was injured during birth, you can make a claim on their behalf anytime up to their 18th  birthday. Once the child turns 18, they then have up to 3 years to make a claim.
  • If a mother or baby sustained a serious brain injury which damaged their mental capacity, no time limit may apply 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.

It is very important that a claim for compensation is started as soon as possible. This will ensure that you have a good recollection of the events which took place and the individuals involved.

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Devonshires Claims
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30 Finsbury Circus
Finsbury, London