How medical negligence claims work
A plain-English overview of breach of duty, causation, medical records, expert evidence and the main stages of a claim.
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.
The three-year rule
In many adult medical negligence cases, court proceedings generally need to be started within three years of the relevant date.
The relevant date may be the date of the negligent treatment, but it can be later where the person did not immediately know that an injury was significant and potentially connected to the care received.
What is the date of knowledge?
Date of knowledge can be important where the connection between treatment and injury only becomes apparent later. The calculation is fact-specific and should be assessed carefully.
Claims involving children
Different limitation rules apply to children. A claim can often be brought on a child’s behalf before adulthood by an appropriate litigation friend.
Why early advice matters
Even where there appears to be time remaining, records and independent expert evidence can take time to obtain. Early advice can help preserve evidence and allow a proper investigation.
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.
