Today’s blog will discuss the time limitation on medical negligence claims. Also, we will be discussing some exceptions that can increase the time limits for filing one. Ultimately, we will discuss some fundamental questions that everyone must know.
By the law of the UK, everyone has the right to file a compensation claim for medical negligence. However, there are some limitations to it. There is one factor that has the potential to annul your claim, and that is “TIME LIMIT.” There is a specific period of three years in which you have to initiate the claim process. This time limit starts from two points:
the time when the negligence happened
the time when you came to know about the negligence
The next question that may arise is, “What is the key exception to the 3-year limitation period from a clinical negligence claim?” Well, there are some exceptions to the 3-year rule, and those are:
Limitation on Medical Negligence Claims for Children
Clinical negligence claim for an underaged has an exception. In such cases, the legal 3-year time starts from the day of their 18th birthday. In short, underaged children can file their claims until age 21.
Clinical Negligence Claim Time Limit For Adults With Low Mental Capacity
The 3-year time limit law also doesn’t apply to those with low mental capacity. People with low mental capacity are unable to take their own decisions. Hence, when they regain their normal mental status, their 3-year time limit start from that day.
Clinical Negligence Claim Time Limit For Deceased Persons
If a victim of medical negligence expires three years after discovering the incident, their family gets 3 extra years to file a claim on behalf of the deceased person. However, if medical negligence is found after the victim’s death, their loved ones have the time of 3 years to file the claim on behalf of the deceased person.
What is the date of knowledge for clinical negligence claims?
According to section 14 of the Limitation Act 1980, the date of knowledge is defined as when the victim learned about medical negligence.
What 3 elements must a claimant prove successful in a negligence claim?
Duty of care.
The duty of care was violated.
Physical, financial, or psychological damage gained
Medical reports and bill of the damages
What are 5 examples of medical negligence?
Prenatal Care and Childbirth Negligence
How is clinical negligence compensation calculated?
It depends on the physical, emotional, or financial loss caused by medical negligence. The court sets this amount after having a go-through of your case documentation.