Is There A Time Limit For Medical Negligence Claims?
Many people find themselves wondering, Is there a time limit for medical negligence claims? Well, the simple answer is yes. The Limitation Act 1980 sets out the different time periods during which you can bring legal cases in England & Wales. The limitation period that applies to Medical Negligence Claims, i.e.the period by which you must issue court proceedings is 3 years from the date of the negligent treatment or if this was not obvious immediately, the date you should have suspected this. The only people to whom this does not apply are those who lack capacity under the Mental Health Act for whom the limitation period is suspended. The 3 year period does not apply to children and only begins to run at age 18 when they are deemed adults, giving them until their 21st birthday to pursue a claim.
If you're unsure of whether you have a medical negligence case, or you are unsure of the time limit regarding your possible claim, then please don't hesitate to get in touch with us. One of the Armstrong Foulkes team is always happy to advise you on this.
How Does The Time Limit Apply For Children and Those Without Capacity?
Any children that suffer medical negligence might find a parent claims on their behalf, before they turn 18. If this doesn’t happen then the limitations 3 year period doesn't start until they turn 18 and legally become an adult; meaning they have until they turn 21 to pursue their claim. Adults who do not have the mental capacity to bring a claim on their own can still pursue a medical negligence claim with the assistance of a responsible adult. In these cases the 3 year limitation period is usually suspended but its important to take advice on whether this applies to your case or to someone you are assisting.
If you have personally suffered childhood medical negligence or your child has suffered, then be sure to get in touch with us. We have a wealth of experience in assisting with these claims.
Why Is There A Limit On Medical Negligence Claims?
In most civil claim cases, there is some form of limitation period in place. The reason for limit periods is to protect the potential defendant. The three year period was put in place as it is deemed a resonable timeframe for someone to make a claim or notice medical negligence. In addition to this, three years is considered a suitable timescale for documents to be held and memories to be more accurate, the older a case is the harder it can be to source documents or for people to remember events correctly. To ensure the best outcome for both parties, the three year period ensures the court will get a clear picture of the case.
How do I find out about the time limit that applies to my claim?
Well, you've come to the right place. At Armstrong Foulkes, we specialise in medical negligence claims. We assess every case individually to advise you of the limitation period that applies to your specific case. To get some advice on what time limit may apply to you, contact us via our website or email and one of our team will get back to you. Alternatively, call us and we would be happy to discuss this with you.