Time Limits
Time limits for commencing proceedings
There are time limits within which court proceedings must be commenced in a medical negligence claim. This is called the Limitation Period and is three years starting from the date of injury caused by the alleged negligent medical treatment or care, or three years from the date when a Claimant could reasonably have been expected to know that the injury was significant and attributable to the alleged negligent treatment or care. By way of example, if an individual received treatment on 1st January 2009, but was not reasonably aware of any injury associated with that treatment until 1st August 2009, the three year limitation period in which to issue court proceedings would not expire until 1st August 2012, despite this being over three years from the date when the treatment was provided.
There are some exceptions to the general rule regarding the limitation period. For example, if a Claimant is under 18 years of age the three year period in which to commence court proceedings does not start to run until their 18th birthday. Furthermore, there may be no time limits in which to issue proceedings for an individual who is mentally incapacitated.
If a patient dies then the limitation period for a claim is unlikely to expire until at least 3 years from the date of death provided at the date of death they were not too late to bring proceedings themselves.
Court proceedings need only be commenced within the three year limitation period, not necessarily finalised. As long as court proceedings have been commenced, the claim is protected. If court proceedings are not commenced within the limitation period, a Claimant may be prohibited from pursuing the claim any further and may not be able to recover any compensation for their injuries.
Investigations into some medical negligence claims may take a considerable period of time, so it is important to contact us as soon as possible if you believe you may have a claim to pursue. It is unadvisable to leave the investigations to the last moment. The sooner you contact us, the earlier we will be able to conduct investigations into the claim and if necessary, protect your position by issuing court proceedings within the three year limitation period.
If you are unsure whether your claim falls outside of the limitation, period you should contact us in any event for further advice and assistance.
Contact:
Mary ButtDD 01279 638834 Email
Julie CarolanDD 01279 638834 Email
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