Am I Out of Time to Claim for a 3rd Degree Tear?
If you would like to sue the NHS for a 3rd degree tear, you need to make a medical negligence claim.
Medical negligence claim time limits
It is important not to delay legal action for too long because medical negligence claims must be made within three years of the event – which in 3rd degree tear claims is the date of the birth. So if your child was born on 1 July 2016 and you sustained a negligent 3rd degree tear, you will have until 1 July 2019 to bring a claim.
What if I miss the three year time limit?
The three year time limit is not a guideline; it is stipulated in the law that personal injury claims, which include medical negligence claims, must be made within three years of the negligent act. Therefore if you do not begin legal action before the three years is up, you will be out of time to claim for a 3rd degree tear.
Are there any notable exceptions?
There are some exceptions that could mean you are able to extend the time limit available. The exception that applies most to 3rd degree tear claims is a 'later date of knowledge'. This means that you did not know that you had been the victim of negligence until sometime after the birth.
Often what happens is that the 3rd degree tear was missed, and only when a woman seeks medical advice for her symptoms is the tear finally diagnosed. In such cases, the victim did not know she had a 3rd degree tear and did not know she had experienced negligent care.
The three year limitation date will still apply, but it will start from the date the 3rd degree tear was diagnosed – which could be days, weeks, months or even years after the baby was born.
Speak to a solicitor today
You need to speak to a solicitor as soon as you suspect that you have been subject to negligent medical care. Getting early legal advice will ensure that you do not run out of time to make a 3rd degree tear claim. If you do run out of time, you will not be able to take legal action, even if you have strong grounds for a claim.
We offer a free initial enquiry to anyone considering a medical negligence claim. Contact us for expert legal advice.
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