- Home
- Business insurance claims
What is the time limit for making a medical negligence claim?
Sarah John's
Legal Writer
If you or a loved one has suffered injuries or harm due to medical negligence, make a medical negligence claim as soon as possible. There are legal time limits, known as ‘limitation periods’, within which you must start your legal action; if you wait too long, you will lose your chance to make a claim. If you are confused about your time limit, seek advice from Medical Negligence Solicitors in Scotland. They will guide you about your time limit and ensure you start your claim within the required time frame.
Table of Contents
Get In Touch With Your Local Office:
With local knowledge and a national network of experts, we have the experience you can count on.
Benefits of starting a claim early:
Starting your medical negligence claim as soon as possible can offer numerous benefits. It does not just ensure that you meet the legal deadlines but can also increase the chances of a successful claim; here are a few key benefits of starting a claim early.
Preserving Crucial Evidence:
Preserving crucial evidence in a medical negligence claim is like keeping all the puzzle pieces safe before assembling the picture. Without the necessary parts, you won’t get a complete image. It’s the same with evidence in your claim; it forms the backbone of your case and could be the difference between winning and losing.
The evidence you collect needs to show that negligence occurred and that this negligence caused your injury or worsened your condition. The most common types of evidence in these cases include medical records, treatment notes, prescriptions, and any correspondence with healthcare providers.
Starting your claim sooner gives you the best chance to secure this evidence. Medical records can sometimes be misplaced over time or become more difficult to access. Starting your claim as soon as possible ensures you’re gathering all necessary documents while they’re still readily available.
Moreover, it’s not just about gathering the evidence; it’s also about preserving it. Once collected, evidence needs to be stored safely and correctly. Any mishandling can potentially damage its credibility. So, an early start gives you ample time to collect, organise, and store all necessary evidence securely.
Meeting Statutory Time Limits:
In Scotland, the law provides specific time limits to make a medical negligence claim. This time limit is known as the statutory time limit. It’s like a ticking clock, starting from the date of the negligence or from when you first realised you suffered an injury due to negligence. You’ve got three years to begin your claim; if you don’t start your claim within this time, you may lose your right to claim compensation.
Meeting these statutory time limits is critical. You might think three years is a long time, but when dealing with recovery and other matters following clinical negligence, time can slip away quickly. Before you know it, the deadline is already before you.
Starting your claim sooner means you don’t have to worry about this ticking clock. Instead of rushing to get your claim in before the deadline, you and your legal team can take the time to build your case carefully. You can gather all necessary evidence, consult with medical experts, and prepare a solid claim to present.
Moreover, starting sooner means that you have some breathing room if there are any unexpected delays or complications. It’s a safety net that allows for unexpected turns in your case without the risk of missing the deadline.
Enhancing Witness Recollection:
Memories can be like water in our hands. No matter how tightly we clasp, some details slip through our fingers over time. That’s why it’s crucial to act as soon as possible when collecting witness statements for medical negligence claims. The sooner witnesses can provide their accounts, the fresher the accident is in their minds and the more details they’ll likely remember.
In medical negligence cases in Scotland, witness statements can play a critical role. Witnesses might include healthcare professionals involved in your care; family members present during the accident, or anyone else who can provide first-hand accounts of what happened.
Starting your claim sooner gives these witnesses a chance to provide their statements when their memories of the accident are still clear and fresh. Over time, the details of the accident may become blurry or forgotten. Early statements help capture those vital details that can strengthen your case.
It’s also important to remember that witnesses are people with their own lives. Starting your claim sooner gives them ample time to provide their accounts without feeling rushed. It also allows for any scheduling issues or unexpected delays that might arise.
Minimising Legal Costs:
Legal costs can be a bit like a growing snowball. The longer your case goes on, the larger that snowball becomes. Starting a medical negligence claim sooner can help control these costs.
The process of a legal claim involves various steps that each have their associated costs. From gathering evidence to consulting with experts to the actual legal fees, these costs can add up over time. Starting your claim as soon as possible helps spread these costs and manage them more efficiently.
For instance, in the early stages of your claim, you and your legal team can take the time to gather all the necessary evidence, consult with medical experts, and put together a strong case. This can help avoid additional costs down the line, such as the need for further investigations or additional expert opinions.
Also, starting your claim as soon as possible allows early settlement. If the negligent party accepts liability, you can agree on a compensation amount without going to court. This can significantly reduce your legal costs, as court proceedings can be lengthy and costly.
In Scotland, many solicitors handle medical negligence cases on a ‘No Win, No Fee’ basis; this means you only pay legal fees if your case is successful. However, starting your claim as soon as possible can still help minimise the costs associated with preparing and handling your claim.
So, the earlier you start your claim, the better positioned you are to manage and minimise your legal costs. It’s a smart approach to make the process more manageable, less stressful, and more affordable.
Swift Resolution and Closure:
Being a victim of medical negligence is like being stuck in a storm. You’re looking for that moment when the case ends, and you can start moving forward again. Starting a medical negligence claim as soon as possible can help you finish the case sooner. The process of a medical negligence claim can be lengthy, with several stages, including investigation, negotiation, and potential court proceedings. The sooner you start your claim, the sooner you can move through these stages and reach a resolution.
Swift resolution is not just about getting your compensation sooner, though that’s an essential part of it. It’s also about putting the accident behind you. Medical negligence can leave emotional as well as physical scars. The legal process can be a difficult reminder of the accident; getting closure can help you start the healing process, emotionally and physically.
In addition, the quicker your case ends, the less stressful and disruptive it will be. Prolonged legal battles can create ongoing stress and uncertainty, but when you start your claim early, you’re giving yourself the best chance of a swift and smooth process.
DEDICATED CLAIMS ADVISORS
Our dedicated claims advisors are always available to offer free legal advice.
100% NO WIN NO FEE CLAIMS
All our claims are processed on a No Win No Fee basis; you pay nothing if you lose.
MILLIONS SECURED IN DAMAGES
To date, we have secured millions in damages.
THOUSANDS OF SATISFIED CLIENTS
To date, we have helped thousands of clients recover compensation and continue to do so.
What is the medical negligence claim time limit for children?
When it comes to medical negligence, the rules are a bit different for children; In Scotland, a child is a person under the age of 16. If medical negligence happens to a child, the standard three-year time limit for medical negligence claims doesn’t start until they turn 16. They have until their 19th birthday to start a medical negligence claim.
Let’s take a moment to break this down. Say the negligence happened when a child was ten years old. The clock doesn’t start ticking on the time limit until they turn 16. They then have three years from that point, or until they turn 19, to make their claim.
What if the child suffered an injury so severe that they lack the mental capacity to make a claim? In such cases, the three-year time limit may never start. This means that someone acting as their litigation friend can make a claim at any point in the injured person’s lifetime.
Another important point is that the parents or guardians can act as litigation friends and make a claim on behalf of the child before the child turns 16. The litigation friend makes decisions about the case and deals with the legal team on behalf of the child.
If you’re considering making a medical negligence claim on behalf of a child, seek legal advice as soon as possible to understand your options and ensure you’re within the time limit.
So, if a child is the victim of medical negligence, there’s more time to start a claim. However, it is still important to act promptly to ensure the best chance of success.
What is the medical negligence claim time limit for vulnerable adults?
For adults who can’t start a claim due to a lack of mental capacity, the rules about time limits are also different. The law in Scotland makes special provisions for people who can’t make decisions for themselves because of a mental disorder.
If an adult doesn’t have the mental capacity to start a medical negligence claim, the usual three-year time limit is put on hold. The clock won’t start ticking until (and if) they regain their mental capacity. So, if they never regain capacity, their claim can be made at any point in their lifetime.
It’s important to note that someone else, usually a relative or close friend, can act as a litigation friend and start a claim on behalf of a person lacking mental capacity. The litigation friend is responsible for making decisions about the case. They will work with the legal team, go to court, and generally act in the best interests of the person they represent. If the claim is successful, the compensation rewarded will go to a trust for the person who suffered the negligence.
What is the medical negligence claim time limit for deceased persons?
If a person has sadly passed away due to medical negligence, there are specific rules regarding the time limit for making a claim on their behalf.
In Scotland, if someone dies because of medical negligence, the time limit to bring a claim is three years from the date of their death. However, if the death occurred without the knowledge that it was due to medical negligence, the three-year time limit starts from the date the link between the death and the medical negligence was discovered or reasonably should have been discovered.
The deceased’s close family members or their estate’s executor are responsible for bringing forth the claim. This means that a spouse, partner, child, or parent can claim for things like pain and suffering the deceased went through, funeral expenses, and even loss of income or support.
However, if the deceased had already started a medical negligence claim before their passing, the three-year time limit will still apply from the date they became aware of the negligence. This means the family or estate executor would continue with the already initiated claim.
In such situations, it is advisable to seek advice and support from legal professionals who can provide the proper guidance on how to proceed.
Can’t Work Due To Illness Or Injury?
Use our free online claim check tool and find out in minutes if you have a claim.
Why is there a time limit on making medical negligence claims?
Time limits, also known as statutes of limitations, exist in legal for various reasons; they are as follows.
First, time limits ensure that victims make compensation claims while the evidence is still fresh. Medical records, doctor’s notes, test results, and other important documents are more readily available and reliable the closer to the medical negligence. Building a robust case is easier when evidence hasn’t been lost, destroyed, or deteriorated over time.
Secondly, time limits exist to enhance the reliability of witness statements. Memory can fade over time, and the recollections of the people involved may become less accurate as time passes. Starting a claim sooner can lead to more precise testimonies, which are critical in these cases.
Additionally, time limits bring a sense of finality and predictability to potential defendants. If there were no time limit, medical experts would remain uncertain about potential legal action indefinitely; this wouldn’t be fair or practical. With a set time limit, healthcare providers and medical professionals can have some certainty about when they are no longer at risk of being sued for an accident.
These reasons, among others, show why there’s a time limit on making medical negligence claims. They encourage prompt action, help preserve the integrity of evidence and testimony, and allow for a fairer legal process for everyone involved.
Can I sue the NHS after three years?
In Scotland, the standard time limit to make a medical negligence claim against anyone, including NHS, is three years from the date you first became aware or should have become aware of the harm caused by the negligence; this is known as date of knowledge. However, there are a few exceptions where the courts might allow you to start a claim after the three-year time limit has passed.
For instance, if the victim of the negligence is a child, the three-year countdown doesn’t start until their 16th birthday, giving them until they turn 19 to make a compensation claim.
In cases involving mental incapacity, the time limit might not apply as long as the person remains incapable.
Lastly, the court can allow a claim to proceed even if three years have passed, but they use this power rarely and only under exceptional circumstances.
How long does the average medical negligence claim take?
Unfortunately, there is no one-size-fits-all answer to how long a medical negligence claim will take in Scotland. Each case is unique, with its own circumstances influencing its duration.
We can look at some rough timelines to give you an idea. For simpler cases, where the other side admits their fault, the claim can take anywhere from 18 months to 2 years.
However, it can take considerably longer if the case is more complex or if the defendant denies responsibility and the injuries are severe and long-lasting. You could be looking at upwards of 5 years, especially if the case goes to court.
The best way to shorten the duration of your claim is to request help from personal injury solicitors in Scotland. An experienced solicitor with a good track record can make a huge difference. After all, they know the Scottish law and medical negligence claims like the back of their hands and know what to do, how to do it, and when to do it.
Easy Ways To Get In Touch
We are here to help. Give us a call, request a call back or use our free claim check tool to get in touch with our friendly legal team. With local knowledge and a national network of experts, we have the experience you can count on.
