Medical negligence claims are subject to limitation rules. In many adult cases the standard period is three years, but determining when that period begins can require careful analysis.
Important: This page provides general information. Limitation, funding and the merits of a claim require advice on the individual circumstances.
The usual three-year period
In straightforward adult cases, proceedings generally need to be commenced within three years of the relevant date.
Date of knowledge
Where the connection between treatment and injury was not immediately apparent, a later date of knowledge can become relevant.
Children and capacity
Different rules can apply to children and to people who lack capacity to conduct litigation.
Why early advice matters
Records, experts and investigations take time. Waiting until the end of a limitation period can make a claim more difficult to investigate properly.