By Jo Stratton. Last Updated 4th July 2023. If you’re looking for more information on medical negligence claims, you’ve come to the right place. Below, you can find the most frequently asked questions about clinical negligence and claiming compensation.
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How Do I Make A Medical Negligence Claim?
To be eligible to make a medical negligence claim, your case would have to meet the following criteria.
- A medical professional owed you a duty of care.
- They breached this duty of care.
- You suffered unnecessary harm as a result of the breach.
Every medical professional owes their patients a duty of care. Per their duty of care, they must meet the minimum standard of care when treating their patients. If they breach this duty of care, you could suffer unnecessary harm and may be eligible to make a clinical negligence claim.
However, there may be some instances where you’ve suffered harm, yet a medical professional has not breached a duty of care towards you. In this instance, you might not be eligible to make a claim for compensation.
If you have any questions regarding claims for medical negligence, you can contact our advisors. They can also assess the eligibility of your potential claim and offer you free advice.
What Is The Time Limit For Medical Negligence Claims?
As well as meeting the eligibility criteria we mentioned above, there is a time limit for medical negligence claims that must be adhered to. Under the Limitation Act 1980, you will generally have three years to file your claim from the date you were harmed. However, in some cases, you might not know right away that the harm you’ve suffered was due to medical negligence. In such cases, the three-year limitation period would begin on the date you connected the harm you’d suffered with medical negligence. This is known as the date of knowledge.
There are, however, some exceptions to the limitation period for medical negligence compensation claims. For example, if someone lacked the mental capacity to claim for themselves, the time limit would be frozen indefinitely. While it is frozen, a litigation friend, such as a parent or solicitor, could act on their behalf. If they regain this mental capacity, and no claim has been made on their behalf, they would have three years to bring forward their claim from the date of recovery.
To learn more about the other exceptions to the limitation period that applies to claims for medical negligence, or to check your eligibility, you can contact our advisors.
How Long Do Medical Negligence Claims Take?
The time it takes to settle medical negligence compensation claims can vary from case to case. Every claim is unique, and there are various factors that can impact how long a case can take to resolve.
Generally, there isn’t a set time frame from starting your claim to its resolution. Straightforward claims for medical negligence, where the claimant is fully recovered, and the defendant admits liability, could resolve within 12 to 18 months. However, this timeframe cannot always be guaranteed.
Having support from a solicitor with experience with medical negligence claims could help support your case and make the claiming process more straightforward for you.
If you have any questions regarding medical negligence claims, you can get in touch with our advisory team. They can offer you a free valuation of your claim, and may connect you with one of the No Win No Fee solicitors on our panel.
Learn More About Medical Negligence Claims
Below, you can find more useful guides on medical negligence claims:
- Head here to learn more about claiming compensation for the misdiagnosis of cancer. You can learn about the likes of misdiagnosed breast cancer, see how much compensation could be awarded, and how to start a claim on behalf of a loved one.
- If you feel like you’ve been the victim of medical negligence while receiving treatment from the NHS, this guide offers advice for claimants.
- To learn more about prescription error claims and what you can do if a pharmacist filled the wrong prescription, head here. You can learn how to sue for compensation and discover potential compensation payouts