How long do you have to make a medical negligence claim?
In many cases the standard limitation period is three years, but the point at which those three years begin can vary and important exceptions may apply.
Read guide →Medical negligence law is fact-specific. This guide is intended to explain the general principles in accessible language and is not a substitute for advice on an individual case.
Important: Do not delay seeking advice because of information on a website. Limitation can be complex and depends on the individual circumstances.
Starting with the facts
The first stage is to understand what treatment took place, what is believed to have gone wrong and the effect on the patient.
Medical records and expert evidence
Relevant records may be obtained and independent experts can be asked to comment on the standard of care, causation and prognosis.
Valuing the claim
Where negligence caused loss, the assessment can include the injury itself as well as reasonable past and future financial consequences.
Settlement or court proceedings
Many cases resolve by agreement. Court proceedings can still be necessary where liability or value remains disputed.
About this guide
This guide provides general information. The assessment of a medical negligence claim depends on the treatment, harm, dates and supporting evidence in your individual case. Contact us if you would like the firm to consider your circumstances.
