If you or a member of your family have suffered injury as a result of alleged medical negligence, it is important to be aware that there are time limits in which a claim should be brought.

What are the time limits for making a claim?

• The basic proposition is that a claim for medical (or clinical negligence to give it its more modern title) has to have been brought within three years of the date on which the injury was suffered.

• If however you or the member of your family had no knowledge that the cause of the injury was because of medical negligence until later, the three year period starts when you had that knowledge.

• In the case of a child, the three year period starts with their eighteenth birthday so in effect a child has until the age of 21 to commence an action.

• Where the injured person suffered a brain injury or suffered from a lack of mental capacity before the alleged medical negligence, there is no time limit for bringing a claim although in the event that there is some improvement in mental capacity, the clock will start again from the date that you recovered.

What is the “date of knowledge” from which the claim should be brought?

In the most simple of cases, the date of the injury will be obvious but there are cases when it is not. In those cases you have to bring the claim within three years of your "date of knowledge". That is taken to be when a reasonable person would first have realised or had knowledge that:

• There was a significant injury, and
• That it was caused by the act or failure to act that you believe to be negligent, and
• You are aware of the identity of the organisation or person who you consider was negligent.

Can you claim after the time period has passed?

It is important to realise that a failure to commence a legal action within these time periods will mean that you will not be able to bring a claim for negligence as your claim will be deemed to be "statute barred". The court does have discretion to override those time limits, but it is a difficult path to tread and not many claimants are successful in overriding those time limits.

Making a Medical Negligence Compensation Claim

If you believe that you or a member of your family has suffered an injury as a result of medical negligence, you should seek specialist legal advice as soon as possible.

Your solicitor will need time to investigate and prepare your case properly which will include obtaining your medical records and seeking medical opinions.

The three year time limit means that you have to commence court action, not just instruct a solicitor. You should therefore ensure that you have a specialist solicitor acting on your behalf.