A Reminder of the Time Period for Medical Negligence Claims

Our Medical Negligence Team has recently secured a settlement after a baby was bruised in the face after a mismanaged forceps delivery, however the mother was out of time to make a claim for her suffering and this case acts as timely reminder that potential claimants must seek legal advice as soon as possible.

A medical negligence claim must be started in Court within three years of the date of the medical accident. The three year time limit starts from either the date of the medical accident or the treatment that caused the harm or loss suffered, or the date of knowledge of facts sufficient to bring a claim.

If the injured person is a child, the three year period starts to run from the 18th birthday and expires on the 21st birthday. If the injured person dies before the expiry of the appropriate three year period, the proceedings have to be started in Court within three years of the date of death.

Pearson Solicitors’ Medical Negligence Team has recently secured a settlement in a case where the misapplication of forceps blades during delivery caused facial bruising to a baby. Whilst a recovery was made for the injuries that the child suffered, the child’s mother was significantly out of time to pursue a claim in respect of the injuries that she had sustained.

Commenting on the case Kenneth Lees, specialist Medical Negligence Solicitor, said “It is crucial that the victim of a medical accident contact a medical negligence specialist within the limitation period for the claim.

"Failure to do so will likely mean that the claim will be time and statute barred and no action can be taken to pursue the claim. Potential claimants will be unable to seek recovery of damages that they may otherwise have been entitled to if they allow the limitation period to lapse”. 

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.