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 article →Medical negligence law is fact-specific. This article explains 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.
Medical treatment comes first
Sodium valproate is used for conditions including epilepsy and bipolar disorder. It should not be stopped or changed without advice from an appropriate healthcare professional. This article explains general legal issues and is not medical advice.
What a legal investigation may consider
The review may consider the standards and safety information applicable at the time, why the medicine was prescribed, what material risks and alternatives were discussed, and whether appropriate reviews took place.
- The patient’s condition and treatment history
- Risk discussions and written information
- Specialist review and communication with primary care
- Pregnancy planning, contraception and maternity records where relevant
Consent and prescribing decisions
The existence of a known risk does not automatically establish negligence. The question may be whether the patient received appropriate information and whether the prescribing and review decisions were reasonable in their individual circumstances at the time.
Causation and future needs
Specialist evidence may be needed to assess whether any failure probably caused injury. Where a child has additional needs, evidence can also address prognosis, care, therapies, education, equipment and other support.
Historic treatment and time limits
Some people only learn of a possible connection later. Limitation rules can be complex, particularly for children and where knowledge developed over time. Prompt individual advice is important.
About this article
This article 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.
