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Time limits on medical negligence claims

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Time Limits on Medical Negligence Claims

For Clinical negligence, a claim must be made within three years from the date the injury was sustained and Court proceedings must be started within this three year period. However, if a patient was unaware that they had been injured as a result of their medical treatment until a later date, the three year period may not start until the patient was aware.

Where the child is the injured person the three year limitation period does not begin to run until they reach their 18th birthday.

Where the injured person has suffered a brain injury as a result of his or her medical treatment or where he or she suffered from learning difficulties prior to the medical treatment and, in either case, the injured person does not have the mental capacity to understand the legal process and manage his or her own affairs, there is no limit upon the time for bringing a claim.

If an adult or a child dies as a result of their medical treatment bereaved relatives may bring a claim on their behalf within three years of the date of their death.

The court may also be able to extend the basic three-year limitation period at their discretion, if the legal time limit period has expired. Whether the court extends such discretion will depend on the particular circumstances of the case.

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