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What is the Statute of Limitations for Medical Negligence

I had an operation performed on my knee, however there was a complication resulting in me becoming wheelchair-bound, what is the statute of limitations for medical negligence?

When asking “what is the statute of limitations for medical negligence”, the circumstances of your injury must be considered. While three years are generally given in which to make a medical negligence injury claim, it is possible that negligence was not a factor in your injury and that your injury was unavoidable. Compensation for medical negligence may only be possible if it is considered that your injury was avoidable and would not have been sustained had a competent surgeon performed your procedure. As strong evidence will be required to support your claim, you should contact a personal injury solicitor at the earliest opportunity in order to ensure that compensation is sought within the time limit for claim for medical negligence.

While the answer to “what is the statute of limitations for medical negligence” is generally three years, the date of knowledge must also be established. In some cases, the time limit for claim for medical negligence will begin upon the date on which the injury was sustained if the injury was known immediately. However there are some scenarios in which an injury was not immediately known or you sustained a further injury or infection which developed over a period of time without your immediate knowledge. In this situation, the three year time limit from which compensation for medical negligence can be sought will commence from the date on which your injury was diagnosed. Provided that the negligence of a medical professional can be established, you may be entitled to make a medical negligence injury claim.

It is also necessary to ask what is the statute of limitations for medical negligence for children, as the process will be slightly different in such scenarios. Under UK law, a child is unable to initiate a claim to compensation for medical negligence, nor instruct a solicitor to act on their behalf. In this case, a medical negligence injury claim can be initiated by a responsible adult – often a parent or guardian – acting on behalf of the child as a “litigation friend” in order to pursue compensation at any time between the injury occurring and when the child turns eighteen. At this point, the child has a three year time limit for claim for medical negligence, meaning they will have until their twenty-first birthday in order to make a claim.

As previously noted, compensation for medical negligence can be difficult to claim if medical negligence is in dispute. Even if you were undoubtedly injured, a medical negligence injury claim may not be possible if the injury was sustained in order to prevent further deterioration of your condition, and if it is established that a competent medical professional would have taken the same action. For this reason, you are advised to consult a personal injury solicitor in order to gather evidence and initiate a claim to compensation within the time limit for claim for medical negligence. By doing so, you can determine what is the statute of limitations for medical negligence and any other questions you may have.