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As a leading medical negligence law firm in North East England, we receive many new enquiries from people who have suffered as a result of clinical negligence, and regrettably, we often encounter those unaware of the limitation period when pursuing a claim.

If the limitation period expires, the case becomes statute barred. In other words, the time limit runs out and a claim is unlikely to be possible.

What is the timeframe for filing a clinical negligence claim and when does it begin?

You generally have a three-year period from the date of the medical negligence to initiate legal proceedings. However, this timeframe may vary in specific circumstances, such as:

• If you were under 18 at the time of the incident, the three-year period begins on your 18th birthday. However, as explained later in this article, this should not be considered a reason to postpone taking action
• If you were unaware of the injury or it took time to manifest
• If you were incapacitated, such as being in a coma
• If you were unable to manage your own affairs due to mental incapacity

In rare cases, a judge may grant exceptions. You should seek legal advice to understand whether your situation qualifies. For a consultation with a legal expert, please Contact Us today.

The three-year limit refers to starting legal proceedings, not merely contacting a solicitor. Be sure to allow your solicitor sufficient time to prepare and issue proceedings.

Do not delay a birth injury claim just because you can

Birth injuries are a common result of clinical negligence. While a child technically has until their 21st birthday to file a claim, it’s vital to start much earlier. Delays can affect the quality of evidence, and these cases are complex, often taking years to resolve. Starting promptly helps avoid unnecessary setbacks.

Is there a time limit for concluding a case after a claim has been filed?

Once legal proceedings are initiated, there is no specific deadline for resolving the case. However, extended delays are not beneficial to any party, and our legal team will strive to reach a resolution as swiftly as possible. Due to the complexity of medical negligence cases, it is not uncommon for them to continue for several years.

The court may conduct regular reviews to ensure the case is progressing appropriately.

Why is there a time limit for medical negligence claims?

The time limit is in place to encourage prompt action and to maintain the integrity of the legal process. As time passes, memories can fade and evidence may become harder to obtain, which can compromise the fairness of a trial. By setting a deadline, the legal system aims to ensure that claims are addressed while the evidence is still fresh and reliable.

Why might someone delay filing a medical negligence claim?

There are various reasons why individuals might allow the time limit to expire, even though they may not qualify for exceptions from the courts. Some examples include:

• Lack of awareness: Many people do not realise that they have the right to make a claim or that they can pursue one.
• Uncertainty about the claim’s strength: Some may doubt the strength or validity of their claim until they get confirmation from others. It is always advisable to seek independent legal advice from a qualified solicitor as soon as possible.
• Procrastination: Everyday responsibilities can sometimes cause unintentional delays.
• Misconceptions: Some individuals mistakenly believe there is no time limit for filing a claim.

Do not delay; contact a solicitor if you have suffered due to medical negligence

Don’t let time slip away on your claim. We provide confidential initial consultations with a medical negligence expert who can evaluate the strength of your case. There’s no harm in enquiring, even if you’re unsure.

Our services are designed to be convenient, accessible and hassle-free.

To find out more, visit Medical Negligence Claims or Contact Us us to schedule a free initial consultation.

This content is for informational purposes and is not intended as advice of any kind.