Time Limits for Making Medical Negligence Claims
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Medical negligence is one of the most complicated types of personal injury claim, with no two cases being the same.Typically, medical malpractice occurs when a medical or healthcare professional deviates from the care standards of their profession. However, there are many rules and regulations to consider before making a medical negligence claim, including the timeframe for reporting the issue.
To prove medical negligence, claimants need to show that a healthcare professional failed their duty to care for a patient, which caused direct harm. This can happen in various ways, for example, a patient could be misdiagnosed or could have been a victim of surgical mistakes.
Alternatively, patients may receive incorrect treatments which can aggravate their current situation. In such cases, when medical negligence results in unnecessary suffering or injury, patients are often advised to make a claim.
In the UK, the Limitation Act 1980 sets out the time frames for making legal claims. The time limit for making a medical negligence claim, known as the limitation period, lasts up to three years for medical and clinical claims.
The limitation period begins from the date the claimant became aware of the negligence. This could be the date the negligence occurred or the date they began experiencing symptoms.
To make a successful claim, court proceedings must be issued before the limitation period ends. However, there are some exceptions to this time frame, including when the age and mental state of the claimant is disadvantaged.
If the claimant was under the age of 18 when the negligence occurred, the three-year time limit begins on the victim's 18th birthday when they legally become responsible for their legal matters. However, if the claimant is unable to manage their affairs, the claim can be made by a responsible adult on their behalf.
Alternatively, vulnerable adults who cannot manage litigation do not have a time frame for making medical negligence claims. This can include if the victim is mentally unwell, has severe learning difficulties or has brain damage.
Over the years, the Eatons Solicitors have helped thousands of clients win millions of pounds in compensation. Our lawyers have over 100 years of collective experience, working with you to assist claims within all areas of personal injury, including medical negligence.
To speak to a member of our team or to discover more about our ‘no win no fee’ agreement, contact us today. or book your free 30 minute consultation with us from our offices in Bradford, Yeadon and Bingley.