Are There Time Limits?
The law relating to the time limits permitted for a potential claimant to make a claim for medical negligence is laid out in the UK Limitation Act 1980. Although the statute itself is considered to be unclear and open to interpretation, the accepted rule is that claims must be made “within 3 years of the date of the accident, failing which the claimant will lose the right to bring his or her claim. However, injured parties who were under the age of 18 at the time of their accidents have until the day prior to their 21st birthdays to commence proceedings. A court has the discretion to extend or waive the limitation period if it is considered equitable to do so.” (source Wikipedia).
If a client sought to make a claim for medical negligence but 3 years have passed since the injury was caused by the perceived clinical negligence the court will sometimes show discretion to discount the limitation period if they consider this to be fair and reasonable.
If you are considering making a claim for compensation due to an injury or illness that was caused by medical negligence you may wish to view the following sections –