Medical Negligence Claims

Timescales

How long do I have to make a claim?

If you think you may have a medical negligence claim it is best to contact us as early as possible as there are time limits for bringing a claim.

In general you have to start court proceedings within 3 years of the date of your treatment or injury. In some cases you may not know initially that you have suffered an injury and in these cases you have 3 years from the ‘date of knowledge’ of the injury.

The 3 year limit does not apply to children until they reach their 18th birthday. However, you do not have to wait to take action, as a parent or other adult can make a claim on behalf of a child.

In certain circumstances, where someone does not have the mental capacity to decide for themselves about making a claim, no time limit applies.

The rules stated above are general guidelines, but if you feel that you may have a claim please contact us and we may still be able to help you. It is always best to act promptly.

How long will my claim take?

The length of time a claim takes depends on a number of factors.

The volume and complexity of your medical case notes is a factor as these have to be obtained from the various health care providers, organised and understood before we can proceed.

The nature of your injury may dictate the number of medical specialisms involved and obtaining evidence from medical experts in different fields can take time.

Investigating your claim to the point where we feel we have strong evidence on breach of duty and causation may take around 12 months.

If we are unable to negotiate a settlement of your claim we can represent you in court proceedings which can take around 18 months to complete to settlement or trial.

Other factors such as the attitude of the health care providers and their solicitors can also affect the time taken to process a claim.

Contact us for a consultation or follow the links for more information.