Is There A Time Limit To Make A Medical Negligence Claim?

By Danielle Fletcher. Last Updated 6th August 2024. Have you experienced medical negligence that could have been avoided if a medical professional hadn’t breached their duty of care? Are you suffering because of someone else’s mistakes? If this is the case, you may be eligible to make a medical negligence claim with a clinical negligence solicitor.

However, there are time limits for medical negligence claims whether they are against the NHS or a private health company. In this article we will look at the medical negligence claims process and what evidence you have to provide in order to pursue clinical negligence claims. This guide explores how long you have to make a claim, depending on your circumstances. It will also discuss in more depth what a medical negligence claim is, and what duty of care that doctors have to patients.

You should never have to suffer due to someone else’s negligence, especially not an experienced professional. Our team is here to help you begin your medical negligence claim and gain the compensation you deserve.

If you have suffered an injury/illness due to medical negligence, we can help you. Contact our team by calling us on 020 3870 4868 for 24/7 free legal advice from our team of advisers. A friendly adviser will be happy to chat with you and learn more about your claim.

Alternatively, you can start your claim online and an adviser will get back to you at your earliest convenience.

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Learn More

  1. Medical Negligence Claim Time Limit And Exceptions
  2. What Is The Limitation Period For A Fatal Medical Negligence Claim?
  3. When Could You Make A Medical Negligence Claim?
  4. How to Make a Medical Negligence Claim
  5. No Win No Fee Medical Negligence Solicitors
  6. Other Information

Medical Negligence Claim Time Limit And Exceptions

The Limitation Act 1980 is a piece of legislation which establishes a time limit for claiming compensation. Under the terms of this Act, you typically have three years from when negligent care occurred and caused you avoidable harm to start a medical negligence claim.

It’s important to note that there’s no deadline for finishing the claim. You just need to ensure that the relevant paperwork is submitted in time to get the claim started.

The medical negligence time limit for claiming could be paused in certain circumstances. For example, if someone doesn’t have the mental capacity to go through the claims process, the limit is put on hold. It only begins on the date of their recovery. Before that time, a trusted litigation friend could be appointed by the court to take on the case for them.

A minor who is under 18 when negligence occurs cannot take on their own case. A litigation friend can do it for them any time up until their 18th birthday. If that doesn’t happen, the claimant’s three years stretch from that time to when they turn 21.

If you’re still wondering, ‘How long after medical negligence can you claim’, continue reading for even more insight.

Can I Claim For Medical Negligence After 10 Years In The UK?

People have asked our advisors, ‘Can I claim for medical negligence after a 5 year delay?’ or even ‘Can I claim for medical negligence after 10 years in the UK?’ The answer is that it could be possible in certain cases, and not only for under 18s or people without the mental faculties to claim.

While some people are immediately aware that the harm they suffered was avoidable, some might learn later – even, in some cases, after years of not realising that a medical professional breached their duty of care.

Some claimants may have three years to claim from the date of knowledge, which is when they learned that substandard care caused them unnecessary harm, rather from when it happened.

Our advisors can help you get an idea for how long you have to start your medical negligence compensation claim. Just call today to discuss your experience and we can help you learn if you’re able to pursue a claim.

What Is The Limitation Period For A Fatal Medical Negligence Claim?

If you are a qualifying relative under the Fatal Accidents Act 1976, you may like to make a fatal accident claim on behalf of the deceased. If you do, you must initiate proceedings within the relevant time limit.

Generally, this is three years from the date of death. Alternatively, the medical negligence claim time limit for fatalities could be three years from the date of knowledge. The date of knowledge is the date that the death was first connected to negligence, such as after an inquest.

It is important to be aware that for fatal medical negligence claims, only the estate of the deceased can bring forward a fatal accident claim for the first six months following your loved one’s passing. If no claim is made by the estate on behalf of the dependents, they can claim for themselves after six months.

Under the Law Reform Miscellaneous Provisions Act 1934 it is only the estate of the deceased who can put forward a medical negligence claim on the deceased’s behalf to cover any pain and suffering before their death. Also, for the first 6 months following the death it is only the estate that can claim for any dependency compensation. If no claim has been made within the first 6 months then the dependants through the Fatal Accident Act can make their own claim.

Our advisors are here to help if you have any questions, such as “Can I claim for medical negligence after 10 years?”. A team member can assess whether you are still within the limitation period to bring forward a compensation claim on behalf of the deceased.

When Could You Make A Medical Negligence Claim? 

In addition to being within the medical negligence time limit, you must satisfy the eligibility criteria to have good grounds to launch a medical negligence claim. You are automatically owed a duty of care when a medical professional or hospital agrees to provide you with treatment. This means that the treatment you receive has to meet a minimum standard of care.

The steps a medical professional is expected to take can vary depending on what field they work in. For example, the General Medical Council (GMC) offers guidance for doctors on how they are expected to work in their Duties of a Doctor.

If you suffer harm that otherwise could have been avoided due to a breach of this duty, you could be eligible to make a medical negligence claim.

If you would like to discuss these eligibility requirements, please contact one of the advisors from our team. They can also help with questions such as, “Can I claim for medical negligence after 10 years?”

How To Make A Medical Negligence Claim

If you have been harmed by medical negligence and are wondering if suing a medical professional is possible, you should first collect supporting evidence for your potential claim. Primarily you will want to collect evidence of the medical provider’s negligence, your injury and the effects your injury is having on you.

If possible, collect:

  • Medical records: You can make a request for your medical records through the NHS. This can include information such as clinical notes of your treatment, alongside the medicine, surgery, scans or similar actions that had been prescribed or performed in your course of treatment. This can act as evidence of the medical provider’s actions or inactions for your claim.
  • Medical assessment of your injury: Your compensation will be decided based on the severity of your injury, and the effect your injury has had on you. A detailed assessment of your injury can be an important piece of evidence in a claim.
  • Records of the financial effects of your injury: Collect records of the monetary losses you may have suffered because of your injury, such as prescription costs or necessary private healthcare.

Once you have evidence relevant to your claim, you could seek out a medical negligence solicitor to help you.

As mentioned above there is a medical negligence claim time limit. Please speak to one of our advisers to see if you could begin a claim with us.

No Win No Fee Medical Negligence Solicitors

You might be interested in working with a solicitor on the basis of a No Win No Fee. The medical negligence claims process can be made a lot smoother by hiring a No Win No Fee solicitor, as they’ll help you gather evidence and organise a medical appointment for you.

Also, if you hire a solicitor on the basis of No Win No Fee, you won’t be responsible for paying them for their work if your claim is unsuccessful.

Additionally, there are usually no upfront fees to pay to your solicitor, and the arrangement typically covers any costs accrued during the claims process. If your claim is successful, your solicitor deducts a success fee directly from your award. However, don’t worry about being overcharged for this fee, as the percentage solicitors take is legally capped.

If you would like to work with a medical negligence solicitor from our panel under this type of agreement, get in touch at any time, and our advisors can potentially help.

To access our 24-hour free legal advice, all you need to do is:

  • Chat to an online advisor using our live chat service
  • Complete a claim online form and we’ll call you back
  • Call at any time on 020 3870 4868

Other Information

If you’d like further information on making a medical negligence claim, take a look at these articles:

You could find these links useful too:

We hope this guide has helped. If you want to know more about the time limit for making a medical negligence claim, simply call us today.