Time limits on making a medical negligence claim

Serious medical errors can leave a devastating mark on an individual’s, and their family’s lives. Significant injuries, or the death of a loved one as a consequence of avoidable mistakes, are traumatic, and life changing.

How long do I have to make a claim for medical negligence?

It will take time to come to terms with what has happened, and to try to make sense of what life may look like following a serious injury, or the loss of a loved one.

Making a medical negligence claim for compensation can provide much needed support including for loss of earnings, the cost of quality care, equipment, pain and suffering.

There are legal time limits in place within which a medical negligence claim must be started.

This is three years from the date of the incident, or the date of knowledge that it could have been caused by medical mistakes.

                                                                                                                                                                                                                  Exceptions to the limitation period

The limitation period does not apply when the injury has caused the loss of mental capacity.

A birth injury for example, leading to permanent and significant brain damage, has no time limit.

For some families, it may even be decades after the injury occurred before they pursue a medical negligence claim as awareness around patient safety, and a family’s right to compensation increases.

While there is no time limit in these circumstances, the sooner a medical negligence claim is started, the sooner it will be for the right amount of compensation to be available to support the affected individual’s care needs.

What are the clues that an avoidable injury occurred?

There are a number of red flags that may indicate that a serious injury could have been prevented with better medical care.

If transparent, and plainly explained reasons are not provided by the medical professionals involved, or the explanation raises more questions than it answers, this is a red flag.

Simply being advised that a serious injury was one of those things is not good enough.

Poor communication between medical professionals is often cited as one of the key failings impacting patient safety.

Preventable delays in diagnosis and timely treatment is another clue that medical negligence may have been the cause of the injury.

When to seek legal advice for medical negligence cases

Medical negligence claims are usually pursued on a no win no fee basis. Specialist medical negligence lawyers offer a wealth of experience in this complex area of law and can recognise very quickly if medical negligence may have been the cause of a serious injury.

If there are any suspicions that a life changing injury could have been prevented with better medical care, it is always worth making a call to an expert who will guide you through the next steps, time limits allowing.

Making a medical negligence claim before the time limit ends

Contacting clinical negligence solicitors as soon as suspicions around medical care arise helps to ensure the best outcome before the limitation period has ended.

If you, or a loved one, has been seriously harmed as a result of medical negligence, making an enquiry with the right legal specialists will improve the chance of a successful claim within the allowed three year time limit if mental capacity has not been affected.

Lack of mental capacity and the limitation period

When a significant medical negligence incident occurs, such as serious harm to a baby before, during, or just after their birth, mental capacity can be permanently lost.

When irreversible brain damage occurs resulting in lifelong disabilities such as cerebral palsy, the individual will remain a protected party for the rest of their life.

In these cases, the limitation period around making a medical negligence claim does not apply. There will be no time limit on making a medical negligence claim in these circumstances.

The claim will consider the cost of both past and future care needs to ensure that the affected individual’s ongoing, and complex lifelong care needs are met.

What is involved in a medical negligence claim?

Medical negligence claims are pursued on a no win no fee basis. A specialist birth injuries solicitor will ask you for an account of what happened, at which hospital, and when.

They will then be able to advise whether they will apply for your medical records to start investigating exactly what happened.

The right team of medical negligence claims solicitors will have an established relationship with the right medical experts to help identify where errors were made.

Proving that medical care fell below acceptable standards, and that this failing, or series of failings, caused the permanent injury, is crucial.

The medical negligence claims journey

Fighting for answers and justice following medical negligence when the medical professionals involved are not providing a satisfactory explanation, may feel daunting.

The average medical negligence claim involving complex birth injuries causing permanent brain damage, may take several years to settle.

They are medically complicated cases. Proving that a serious injury was caused by medical negligence requires several independent medical experts which takes time.

While the medical negligence claims journey may be a long one, securing the right results for families is critical.

Getting to the truth of exactly what happened, and when, provides clarity, and helps to secure justice.

Hear the stories of other families affected by medical negligence

The process of proving an injury could have been avoided with better medical care requires careful consideration, and the help of several independent medical experts. It takes time.

Listening to other families who have been affected by medical negligence can help. It can take time before the full impact of an individual’s injuries can be fully understood.

It requires very careful consideration of their full lifelong needs before a fair compensation amount can be negotiated.

While these complicated claims may take time to reach a satisfactory conclusion, families are provided with peace of mind when a medical negligence claim is robustly processed and settled.

Claim for medical negligence for peace of mind

Starting a claim costs nothing. If a medical negligence claims solicitor does not believe that there is a case against the medical provider, they will advise on this in the very early stages following an enquiry.

It is always advisable to seek legal advice when it is suspected that negligence occurred. A medical negligence solicitor will guide you through the process.

Instructing medical negligence experts

Finding the right medical negligence experts for your family is crucial.

Serious medical accidents leading to permanent injuries, including the loss of mental capacity, will require working closely with medical negligence solicitors for a period of a few years.

They will get to know the injured individual, their full care needs, and the impact on the wider family.

Choosing an experienced medical negligence law firm that offers both the specialist expertise, and a personable approach that is right for you, will help to make the legal process easier.

Instructing Diane Rostron to pursue your medical negligence claim

The team at Diane Rostron offer in excess of 25 years’ experience of working in this complex area of law.

The team have a long established relationship with independent specialist medical experts and leading barristers.

They work together seamlessly to provide families with the robust arguments required to win hard fought medical negligence claims.

Offering a strong track record of winning substantial sums in medical negligence claims, contact Diane Rostron today for advice on yours.

Read our medical negligence claim FAQ’s here: https://dianerostron.co.uk/faqs/