Medical Negligence Compensation Deadlines and Timing
If you believe that either you or a loved one may have been the victim of negligent medical care and are thinking of approaching a solicitor to make a claim, it is essential that you are aware of the deadline for these claims.
The limitation period
There is a legal limit on when a claim for compensation for medical negligence can be made. This deadline is three years from the date when the alleged act of negligence occurred. This is called the limitation period and the limitation date is the final date by which a claim has to be made.
This date is not the date by which you should first contact a solicitor. This is the latest date by which you or your solicitor should commence legal action by lodging your claim with a court. There is a lot of work to be done before this action.
Occasionally, there are circumstances in which a deadline can be extended but this should not be assumed. Early contact with a solicitor is essential.
Preparing your claim
You cannot submit your claim to a court until you have reasonable grounds to believe that you have a valid claim.
In order to clarify this before you reach the limitation deadline, your solicitor will need to investigate the quality of your medical care.
In the first instance, they will obtain copies of your relevant medical records and engage the services of the best medical experts to analyse them.
This process is intended to identify firstly, whether an act of negligence has in fact occurred during the course of your medical care. Secondly, it will be necessary to determine whether or not any negligence, if such there has been, has had an adverse effect on your long-term outcome.
Timing
This process can take a considerable time. Investigating your claim may involve analysing medical records from various sources. It may take some time before all relevant records are received. Inevitably, the medical experts who will analyse the quality of your care will have other commitments and a report as to the quality of your care may take several weeks to prepare.
You may need to attend a medical appointment with a medical expert which will need to be fitted into your schedule as well as that of the expert concerned.
The important thing to remember is that this investigation must be thorough and meticulous. Your solicitor will need plenty of time to arrange this. If you contact a solicitor too close to the limitation deadline you may even find that they are unwilling to take your case as they will not have time to investigate your care.
Speak to a specialist
The best advice, if you think that you may have a claim, is to contact a specialist solicitor at the earliest possible moment. They will be able to advise you as to the best way forward and start to take action on your behalf in order to avoid missing the three-year deadline.
Glynns Solicitors is a dedicated medical negligence legal practice with a team of experienced lawyers and many years of experience in running these complex cases.
Contact us today to talk to a solicitor, free of charge, if you are considering making a claim for compensation.
Glynns Solicitors is a dedicated medical negligence legal practice with a history of success in high-value claims.
Our specialisation ensures that we have the skills ready and waiting to help you in the most efficient and economical way.
It also means that we can offer No Win No Fee medical negligence funding which we will discuss with you during your free initial telephone discussion.
Please call us free on 0800 234 3300 or complete our Online Enquiry Form.
Make An Enquiry
Why Choose Us
- Specialist medical negligence solicitors
- Free initial enquiries
- No win, no fee available
Reviews
"I would like to say a big thank you to you for making this whole process easy and relatively painless. You kept me informed throughout and you were always polite and courteous in all forms of communication. I would not hesitate to recommend you to friends and family, so a really big thank you and I wish you all the best in the future."
Mr A.
Our Expertise
Helping Clients Across England & Wales
Free Medical Negligence Guide
'7 Questions You Must Ask Before Choosing A Medical Negligence Solicitor'