Medical Negligence Claims Time Limit

Medical Negligence Claims Time Limit
BSC, LLB (Hons) & LPC Sophia Azam
Legally reviewed by: BSC, LLB (Hons) & LPC Sophia Azam In: Medical Negligence

What is the Medical Negligence Claims Time Limit?

If you are looking to submit a case before the medical negligence claims time limit expires, our expert solicitors are here to help you.

If you have suffered from medical negligence, then you have 3 years from the date of the alleged negligence to start your compensation claim. However, if you were only made aware of the medical negligence at a later time, then you may be able to claim within 3 years of the date that you have learned about the negligence instead.

At AWH we can assess if you can still make a claim for the negligence you experienced. During a free, no obligation phone consultation we will go through your legal options in detail, so get in touch with us today to get the process up and running.

What can Lead to a Medical Negligence Claim?

There are lots of different ways in which you may have been led to make a medical negligence claim. Some of the most common ones that our expert solicitors have previously dealt with include:

However, this is not an exhaustive list, and a medical negligence payout can occur whenever a scenario fulfils the definition of medical negligence. It is worth noting that you can also make a claim on behalf of a family member who has passed away due to medical negligence.

The way in which medical negligence claims are defined is based on something that is known as the 4 D’s of medical malpractice.

These are:

  • Duty

During training, all doctors are taught what the duty of care is that they must provide to their patients.

  • Derelict

Dereliction is the official term for when a medical professional is considered to have broken this duty of care.

  • Direct Cause

In order for a medical malpractice claim to be filed, you must be able to prove that it was the direct fault of a medical professional.

  • Damages

The medical negligence payout that you could earn will be calculated based on the physical injury and the psychological injury, as well as any medical or travel expenses.

If your case is particularly complicated and you find that you are unsure as to how it fits with these defining factors, our solicitors can help you understand if you have grounds for a strong case.

How Will my Medical Negligence Payout be Calculated?

The amount of compensation that you could receive for your medical negligence claim will depend on a number of different factors. You will need to be able to prove that your injury or condition is worse than it would have been if you had not been the victim of medical negligence.

The other factors that need to be considered include:

  • Any extra medical expenses that you have already paid, in addition to any future treatment.
  • Whether your condition will prevent or may already have prevented you from working and therefore will result in a loss of earnings.
  • Any travel expenses that have occurred while you have been receiving medical treatment.
  • Any cost of extra care.

Because every case is unique, there may also be other factors that need to be considered when your compensation is being calculated. A chat with our expert solicitors will help you to be able to work out where you stand with your case.

Read more about medical negligence claims

Start the Medical Negligence Claims Process

If you have suffered from medical negligence, our solicitors are the best people to help you. They have a great deal of experience and will make the process as efficient as possible.

Contact us today to have a discussion about the first steps to take.

Get in touch