Are there any time limits?
The Limitation Act 1980 imposes a three year time limit for pursuing a claim for medical negligence.
This is usually three years from the date on which you became aware that you had suffered harm as a consequence of your medical treatment.
Different time limits apply to children (who have until their 21st birthday to commence proceedings) and people who are unable to manage their legal affairs because of mental incapacity.
In some circumstances the Court may allow a claim to be pursued beyond the usual time limit when, for example, the date of knowledge (of harm suffered as a consequence of medical treatment) falls outside the usual three years. However, you should not assume that the Court will exercise its discretion in your favour and it is therefore crucial to get expert legal advice as quickly as possible so that appropriate steps can be taken to investigate your case and protect your interests.
Contact
Should you have any questions you may speak direct and in complete confidence to our Head of Medical Negligence, David Gazzard, direct on 01793 615011 or email him at david.gazzard@blbsolicitors.co.uk
