Medical Negligence Claim Time Limit Explained: How Long You Have To Claim Compensation

One of the key factors you need to consider when seeking compensation for substandard healthcare is the medical negligence claim time limit. That’s why we’ve made this guide examining all aspects of the time limit when making a medical negligence claim.

You’ll see information on the general limitation period in medical negligence claims, when exceptions can apply, and how our dedicated No Win No Fee solicitors can help you make a claim.

To get your free eligibility assessment and ask any questions you may have, talk to our advisors by:

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Select A Section

  1. What Is The Medical Negligence Claim Time Limit?
  2. Exceptions To The Medical Negligence Time Limit
  3. My Limitation Period Has Passed – Could I Still Claim?
  4. How Long Will It Take For My Medical Negligence Claim To Settle?
  5. How Our Solicitors Can Support Your Claim
  6. More Information

What Is The Medical Negligence Claim Time Limit?

The Limitation Act 1980 establishes the general medical negligence claim time limit as 3 years. This timeframe means that a claim has to be started within that limitation period. The 3-year window will either be dated to when the clinical negligence happened or the moment you reasonably realised you suffered because of it. 

Exceptions To The Medical Negligence Time Limit

There are a couple of exceptions to the medical negligence time limit for individuals who are unable to legally claim for themselves. We explain these exceptions in the sections below. 

The Date Of Knowledge

The date of knowledge refers to the date when you would have been first reasonably aware that substandard medical care caused you harm. In many cases of medical negligence, it may not always be immediately apparent that substandard care has been provided or that it is the reason for the harm you have experienced. A notable example of this would be a delayed diagnosis.

So, if your doctor ends up misdiagnosing you with a minor ankle sprain when you actually had a hairline fracture, you could be walking on it for a considerable time before you receive the correct diagnosis. This failure would cause much more serious harm. 

Claims For Minors

Those under 18 at the time of their treatment cannot make a claim for themselves. Instead, the 3-year limit is paused until they come of age, therefore giving them until their 21st birthday to start their claim. 

Compensation paid out to minors is held by the Court Funds Office (CFO) until their 18th birthday, although applications to get the funds released sooner can be made. 

Claims For Those Lacking Mental Capacity

If a patient is in a coma, has suffered brain damage, or has a condition that means they do not have the mental capacity to claim for themselves, then the time limit is halted altogether.

When someone cannot claim for themselves, a parent, a legal guardian, or another suitable adult (such as a solicitor) can apply or be appointed by the court to act as their litigation friend. This role gives someone the authority to act on behalf of the patient and coordinate with their legal representative.

Claims For Wrongful Death

For fatal medical negligence claims, the 3-year time limit applies from the date of death or the date of knowledge. The date of knowledge is deemed to be the date of a post-mortem or coroner’s inquest if ordered. 

Claiming For An Incident That Happened Abroad

It is certainly possible to seek compensation if you suffered harm because of substandard medical treatment abroad. However, time limits for making a clinical negligence claim can vary by country, so we recommend talking to an advisor to get a comprehensive assessment of your particular circumstances.

Our dedicated team is available 24 hours a day via the contact details given in this article. 

A patient lies down on an operating table while a doctor holds an oxygen mask.

My Limitation Period Has Passed – Could I Still Claim?

If the standard medical negligence claim time limit has passed, it may still be possible to pursue compensation in some circumstances. That being said, it is always beneficial to seek legal advice and get any claim underway as soon as possible. Doing so significantly reduces the risk of the claim being “time-barred,” where the limitation period has expired, and the claim can no longer be pursued.

You can inquire further about the exceptions to the time limit in medical negligence claims by calling our team today. Advisors are available 24/7 to take your call. 

How Long Will It Take For My Medical Negligence Claim To Settle?

A question frequently asked is, “How long will it take for my medical negligence claim to be settled?” but no definitive timeframe can be given. However, there are certain factors that can result in the claim taking longer. We have listed a few of these below:

  • Whether or not your healthcare provider admits liability straight away.
  • More serious harm may require ongoing treatment, which can mean it takes longer to properly assess someone’s condition.
  • There may be delays in gathering evidence, such as administrative errors in the hospital. 
  • More complex cases involving more than one provider or multiple points of failure may take longer to negotiate.

You can get a more detailed breakdown of the claims process and the work of our solicitors by speaking with an advisor today.

How Our Solicitors Can Support Your Claim

At MNSUKCo, our medical negligence solicitors have a proven track record of helping clients claim the compensation they deserve. They operate at the highest standards of professionalism and aim to resolve every claim they take on as quickly and efficiently as possible.

From start to finish, you can expect nothing less than a tireless commitment to build the strongest possible claim for you. Here are just a few of the services our experienced solicitors can provide:

  • Ensuring you have access to specialist support, such as rehabilitation and physiotherapy.
  • Organising an independent medical assessment.
  • Helping break through the legal language barrier by explaining all the technical terms.
  • Obtaining evidence to help support your claim.
  • Negotiating a final settlement on your behalf.

Moreover, we can offer eligible claimants a very desirable No Win No Fee arrangement known as a Conditional Fee Agreement (CFA). The CFA puts the advantage firmly with the claimant with benefits including:

  • Not paying any fees for the solicitor to commence work on the case.
  • You will also not have to pay solicitor fees during the claim.
  • Lastly, if the claim fails, there will be no fees to pay for your solicitor’s services.

Should you win your claim, the solicitor will receive a success fee from your compensation. This small fee is agreed upon at the start of the claims process and the percentage is capped per The Conditional Fee Agreements Order 2013. So, from the outset, you know you’ll be keeping most of whatever medical negligence compensation is paid out. 

Contact Us

To get your free eligibility assessment and to ask any questions you may have about limitation periods, talk to our advisors by:

Solicitors examining documents to ensure their client's case is made within the correct medical negligence claim time limit.

More Information

See our other clinical negligence claims guides by following these links:

We have also included these additional resources that you may find useful:

Thank you for reading our guide to the medical negligence claim time limit.