What is a Date of Limitation in Medical Negligence?
If you are considering making a claim for compensation for medical negligence, the date of limitation is absolutely crucial to the successful running of the claim. A failure to act before the date of limitation may invalidate your claim. Contact Glynns Solicitors, specialists in medical negligence, for legal advice.
The 'Date of Limitation'
A claim for compensation for the impact of medical or clinical negligence has to be made and run in accordance with clear legal rules and regulations. One of these rules is stipulated in the Limitation Act of 1980 and establishes when a compensation claim for personal injury can be made.
If an individual has suffered personal injury due to the negligence of medical professionals, their claim, as a general rule, has to be issued at court within three years of the alleged negligence.
What does this mean in practice?
As an example, if a substandard abdominal surgical procedure causes a perforation of the bowel, leaving the patient with long-term symptoms and practical as well as financial difficulties, that person would normally need to submit their claim to a court within three years of when the surgical negligence occurred.
This does not mean that the patient can wait three years before contacting a specialist solicitor. If you believe you have been the victim of medical negligence, you need to talk to an experienced personal injury solicitor as soon as possible. This will allow time for your potential claim to be thoroughly investigated on your behalf. Your medical records will need to be obtained and scrutinised, and expert medical opinion on your treatment will need to be sought.
A later 'Date of Knowledge'
However, in some circumstances, a person may not realise until some time after the actual negligence occurred that they had been the victim of negligence and that they might be able to claim compensation.
For example, if a woman has suffered a severe birth tear during vaginal childbirth, she may assume that she has merely been unfortunate and that her symptoms of incontinence are normal. It may be some years before she discovers, perhaps in conversation with her GP or from a website forum or magazine article, that a failure to diagnose and repair a 3rd or 4th degree birth tear may be considered as negligent and may justify a claim for compensation for the appalling on-going symptoms.
In this type of situation, the claimant may be able to prove that they have a late Date of Knowledge. This means that they did not understand that they were the victim of medical negligence at the time it occurred, but only at a later date. Their limitation date may, therefore, be significantly later than would normally be the case.
Speak to a specialist
The regulations relevant to making a claim for medical negligence can be complex and, to get the best advice, you should contact a specialist medical negligence solicitor.
Over the years here at Glynns Solicitors, we have supported hundreds of clients in making a wide range of valuable medical negligence compensation claims, so you can be sure of receiving the best service and support. All of our lawyers are specialists in this field of law.
If you believe that you or a loved one have been the victim of medical negligence, contact us today to talk to a specialist about the possibility of making a claim.
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