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Clinical Negligence - Time Limits

The general rule is that Court Proceedings must be issued within three years of the negligent event.

Consult a solicitor who specialises in medical and clinical negligence claims.

That date is usually straightforward in accident cases but less so in clinical negligence claims where there may be no specific negligent event, alternatively knowledge of a negligent event causing significant injury may not occur until a later date. In that event, the Limitation Act 1980 provides that the usual three year period will not begin to run until that later "date of knowledge".

Further, the three year period does not begin to run until a child reaches the age of 18 and that period does run at all if the Claimant is under a continuing disability in that they are unable to manage their own affairs (a fuller definition is contained within the Mental Health Act).

We therefore recommend that you obtain expert legal advice at the earliest possible stage.

More information