What Are The Time Limits For Suing The NHS?

By Lewis Morrison. Last updated 6th August 2024. Welcome to our guide on time limits for suing the NHS. In this guide, we break down the typical “suing the NHS” time limit for all compensation claims. When wondering how long do you have to sue for medical negligence, it comes down to the NHS negligence claims time limit.

Now, the NHS usually provides a very good level of service, and patients are often happy with the outcome of their treatment. However, on some occasions, things do go wrong. In these situations, it might be possible to sue the NHS if you’ve suffered as a result of medical negligence.

In this guide, we’ll look at when you could be eligible to seek compensation and, importantly, the time limits for suing the NHS. Whether you’re claiming for injuries that you’ve suffered, or if you’re representing somebody else (such as a child) who’s unable to claim on their own, you should find this guide helpful.

Medical Negligence Assist believes that anybody who’s suffered due to negligence by a medical professional should be able to claim compensation without worrying about the costs involved. That’s why we provide free legal advice on claiming and a no-obligation assessment of any case. Furthermore, if your claim is strong enough, we could introduce you to one of our panel of specialist medical negligence solicitors who’ll work on a No Win No Fee basis. But you must still comply with the NHS negligence claims time limit.

To operate within the time limits for suing the NHS to begin your claim, please call an advisor on 0800 652 3087 today. Alternatively, please continue reading to find out more about the time limit to claim for medical negligence.

Medical staff in the corridor of a hospital.

 

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Time Limits For Suing The NHS

Now we come to the crux of this guide: the medical negligence time limit for suing the NHS. As with other types of claim, there is a limitation period, set in law, for the claim to be made. Failure to lodge the claim within this time limit could mean that it becomes statute-barred, and no compensation will be paid.

In general, the time limit for claiming is 3-years from the date of diagnosis of avoidable suffering (the same as the personal injury claims time limit). However, there are exceptions to this rule which we’ll demonstrate in the following sections.

Regardless of the type of claim, our advice would be to contact a specialist as soon as possible within the NHS negligence claims time limit. Even though 3-years can seem like a long time, your solicitor will have several tasks they’ll need to complete before submitting a claim. When complex medical evidence is required, this can take some time to obtain, so the sooner you begin your claim, the better.

Time Limits For Children To Sue The NHS

In law, children are not allowed to represent themselves in legal matters. That doesn’t mean a claim can’t be made for medical negligence, though. A parent or responsible adult could act as their ‘litigation friend’ and represent them to make a claim. In this scenario, the claim can be made at any point before the child turns 18. If that doesn’t happen, they have 3 years from their 18th birthday to make their own claim when the claimant becomes an adult. In effect, then, adulthood is when their “suing the NHS” time limit begins.

Time Limits For Those With Diminished Capacity To Sue The NHS

It might not be possible for some patients to claim because their injuries have left them with a diminished mental capacity to do so. In these cases, the patient’s 3-year time limit would begin from the date they fully recover and can begin a claim themselves. However, if their prognosis suggests they won’t be able to manage the claim themselves, then somebody else could claim on their behalf at any point while the patient is still suffering the effects of the medical negligence.

What Are Claims Against The NHS?

Now that we have explained the time limits for suing the NHS, let’s talk about the criteria that your claim has to meet in order for it to be eligible.

To make a medical negligence claim, you need to be able to prove that you were owed a duty of care, and suffered harm because this duty was breached. But what is a duty of care?

All medical professionals owe a duty of care to their patients, and this means that they need to provide care and treatment that meets a minimum standard. The steps they need to take and the level they need to reach can vary between disciplines, but generally, they need to avoid causing unnecessary harm.

In short, this means that you may have a valid medical negligence claim if:

  • A medical professional owed you a duty of care.
  • They breached this duty.
  • You suffered avoidable harm as a result.

Unfortunately, in medical treatment, some harm is unavoidable. For example, the side effects of chemotherapy can cause extreme sickness. However, if you need chemotherapy to recover from cancer, then the harm you suffer as a result is unavoidable, so you would not be able to make a claim.

To learn about the time limits for suing the NHS, read on. Or, contact our team for further information. They can answer any questions you might have, such as “Can I sue the NHS after three years?” and “How long after medical negligence can you claim?”

Who Could I Claim For NHS Medical Negligence From?

We briefly looked at who compensation could be sought from earlier, but we’ll provide more details in this section. In some cases, the medical professional could be sued. In others, the claim could be against the organisation that employs them. In certain circumstances, a claim could be made against multiple parties. If you are supported by one of the medical negligence solicitors on our panel, they’ll assess your claim and help determine who is liable for your injuries and who the claim should be directed at.

Here are some of the different entities who could be sued in a medical negligence claim:

  • A GP or medical practice.
  • Dentists or dental nurses.
  • Hospitals, including community hospitals.
  • NHS trusts.
  • Clinical Commissioning Groups (CCGs).

Generally, the time limits for suing the NHS won’t be affected by which organisation your claim is against. The process for making a claim might differ, though, but your solicitor should handle everything for you. Don’t worry if you can’t see the organisation you want to claim against listed. This is just a sample. Get in touch with one of our specialist advisors within the NHS negligence claims time limit. And they’ll assess your claim and let you know who the claim could be made against. And they will also explain the “suing the NHS” time limit in greater detail.

Reasons To Sue The NHS

As we’ve already explained, you need to prove that you suffered due to a negligent act by a medical professional to be able to claim compensation against them. This could happen in several different ways and different medical environments. The list below contains some examples of when claiming compensation might be possible:

  • If you suffer because a medical professional failed to identify a condition, such as cancer, you could be entitled to claim. This could be because the condition became worse due to a lack of treatment or, in some cases, became inoperable.
  • It is also possible that you could be entitled to compensation for avoidable injuries to the mother or baby during childbirth.
  • Anaesthetic mistakes. When you undergo treatment, it might be possible to claim if you suffer pain due to an anaesthetic error.
  • Surgical errors. Avoidable injuries sustained during surgery could entitle you to compensation. You could also claim if you suffer due to faulty medical clips or ineffective suturing. Finally, it might be possible to claim if surgical items are left inside your body following your operation.
  • Hospital superbugs. You might be able to claim if you’re made ill during a hospital stay because of superbugs like MRSA. These can lead to serious conditions like sepsis or pneumonia.
  • Prescription errors. Being given the wrong medication can cause serious side effects and sometimes lead to allergic reactions. In other cases, your underlying condition could become worse because you’re not receiving the medication prescribed.

Whatever type of negligence has caused you to suffer, whether listed here or not, we could help you begin a claim. Our advice is free, and our team will assess your claim on a no-obligation basis. Please call to discuss what happened, and we’ll let you know whether you could begin a compensation claim against the NHS. That way, we can answer, “how long do you have to sue for medical negligence”.

Emotional Distress Claim UK – Can I Claim For Psychological Harm?

If you are suing a hospital after suffering from medical negligence, you might wonder if you can claim for any psychological harm. For example, you might experience anxiety and distress following a misdiagnosis of cancer. Additionally, after an operation has gone wrong, you may suffer symptoms from post-traumatic stress disorder (PTSD).

If you could prove that it was a breach of duty of care that caused you psychological harm, you could potentially claim for this. It could also be factored into a claim for a physical injury.

We’ll discuss compensation amounts for mental health injuries in the next section. However, please note that the figures we feature in our compensation table only apply to claims in England and Wales. If you wish to know the value of an emotional distress claim in the UK, we would recommend speaking to our advisors for more information.

What Could I Claim? Calculating Compensation When Suing The NHS

After answering questions about time limits for suing the NHS, we often hear, “can you get compensation from the NHS?”, And then the next question is often about what you can claim for. So long as you claim within the time limits, the first part of your claim is for general damages. This is compensation designed to cover any pain, suffering or loss of amenity caused by your injuries.

To demonstrate what type of compensation you could be paid as general damages, we’ve included the table below. This is instead of a personal injury claims calculator, which can sometimes be cumbersome and difficult to use. The figures you can see have been taken from a legal publication known as the Judicial College Guidelines, used to value claims.

Type Of InjuryCompensation Further Details
Multiple Severe Injuries + Special DamagesUp to £500,000+A combination of multiple injuries and lost earnings with other financial losses.
BowelsUp to £224,790Dependant on age, this category covers injuries which result in loss of function and reliance on colostomy.
Female Reproductive Injuries£140,210 to £207,260Infertility by way of disease or injury.
Severe Psychiatric Damage Generally£66,920 to £141,240Your ability to cope with life and work influences the award within this bracket.
Severe Post-Traumatic Stress Disorder
£73,050 to £122,850You may find all aspects of your life detrimentally affected.
Bladder£78,080 to £97,540Injuries that result in impairment of control, some pain and incontinence.
Back£47,320 to £85,100Injuries such as disc lesions or vertabrae damage which lead to chronic conditions causing pain, discomfort and depression.
KidneyUp to £78,080Injuries that cause a significant risk of urinary tract infection or loss of function.
Spleen£25,380 to £32,090The loss of the spleen and a risk of internal infection due to the damage to the immune system.

The next part of your claim is known as special damages. This is paid to try and compensate you for any financial losses caused by your injuries. There are many different elements of a special damages claim, including:

  • Travel Costs.
    You may need to visit a GP, hospital or pharmacy on multiple occasions while recovering from your injuries. Therefore, you could include fuel, parking or other travel-related costs in your claim.
  • Medical Expenses.
    The cost of paying for prescriptions or other medication can soon build up, so you could ask for these costs to be paid back.
  • Care Costs.
    In some cases, you may need to be cared for while recovering from your injuries or illness. If that’s the case, you could ask for any associated costs, such as a professional carer’s fees, to be paid for as part of your claim.
  • Lost Earnings.
    Should your injuries mean you lose income because you have to take time off from work to recover, you could claim the lost earnings back. If you suffer long-term injuries that affect your ability to work, you could ask for future lost income.
  • Home Adaptations.
    If the claimant is left with a disability (permanent or temporary), a solicitor could ask for the cost of modifying their home to be paid for to make it possible for them to live an independent life.

Claims for special damages need evidence to support them. Therefore, you should try and retain receipts, bank statements and wage slips that prove your losses. It’s best to do this as early within the NHS negligence claims time limit as possible. If you’re in any doubt whether you can claim an expense back, please get in touch with your solicitor for advice before committing to it.

No Win No Fee NHS Negligence Compensation Claims

Along with wondering how long do you have to sue for medical negligence, you may wonder about terms and conditions. We know that when clients ask us how to sue the NHS and the “suing the NHS” time limits, they’ll often be worried about the costs involved. Therefore, our panel of specialist solicitors works on a No Win No Fee basis for any claims they handle. This reduces the financial risks for claimants and gives them the confidence to pursue the compensation they could be entitled to.

The first step of the claims process is where the solicitor will review your case with you. If they believe they could win the claim for you, they’ll provide you with a No Win No Fee agreement, which is sometimes called a conditional fee agreement (CFA).

In the CFA, you’ll find important information confirming that:

  • You don’t need to pay any upfront fees to begin the claim.
  • There are no fees to pay during the claim.
  • You won’t need to pay the solicitor’s fees if the case is unsuccessful.

Also, the CFA will explain that when a claim is won on your behalf, the solicitor might ask for a small contribution towards their costs, known as a success fee. This is a percentage of your compensation that’s deducted at the end of the claim. You don’t need to worry about this too much, though, as it’s legally capped, and you’ll know the exact percentage you’ll pay when you sign the CFA.

To find out if one of our panel of specialist solicitors could work for you on a No Win No Fee basis, please speak with a member of our team today.

Contact Us

If you have suffered medical negligence, you may be curious as to how to sue the NHS. Our advisors are available 24 hours a day, 7 days a week to answer your questions and offer free legal advice. They could assess your claim against the NHS in a free consultation. If you have a valid claim, they could put you in touch with a medical negligence solicitor from our panel.

To find out if you can sue the NHS for negligence, get in touch is the following:

  • Pop up using our free online chat service
  • Call our advisors at any time on 0800 652 3087
  • Complete a claim online form and we’ll be in touch with you

Helpful Links

Thanks for reading our guide about the time limits for suing the NHS. Hopefully, you’ve found the information helpful and now understand whether you’re able to claim or not and what the NHS negligence claims time limit is. In this final section, we’ve provided links to some more of our guides, as well as information from some relevant external sources. Please feel free to ask an advisor if there’s any more information you require.

NHS Resolution – The NHS body that deals with compensation claims on behalf of NHS trusts, clinical commissioning groups and other medical providers.

Complaining About The NHS – This page explains the process the NHS uses to handle complaints, including information on the limitation period for medical negligence claims.

NHS Service Finder – This tool is useful if you need to look up the address of an NHS service so that you can request medical records or raise a complaint.

Misdiagnosis Claims – Information on when you could use a medical negligence solicitor from our panel to sue because you’ve suffered due to a misdiagnosis.

NHS Negligence Claims – Rather than concentrating on the time limit for medical negligence claims, this guide looks at the scenarios that could lead to a claim.

GP Negligence Claims – A guide explains when a medical negligence claim could be made against a GP whose negligence has caused you to suffer.

Written by Brett

Edited by Ed