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What Are The Time Limits For Suing The NHS? – How Long Do I Have To Make A Compensation Claim Against The NHS?

If you have been harmed due to clinical negligence in the NHS you could be eligible to make a medical negligence claim. However, you must begin the claims process within the applicable time limit. In this guide, we look at the time limit for suing the NHS.

We look at the limitation period to begin a claim in general and whether these time limits apply to children harmed by medical negligence, e.g. children injured in birth injury claims.  Also, we look at how long vulnerable adults have in which to claim and at the time limits in fatal accident claims. Finally, we look at how a No Win No Fee medical negligence solicitor could help you.

To begin your medical negligence case, please contact our team.

A gavel and stethoscope are on a desk.

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Is There A Time Limit For Suing The NHS?

In order to make a successful claim against the NHS or any healthcare provider, you must begin your medical negligence case within the appropriate time limit. Time limits in which you could make a claim are set out in The Limitation Act 1980.

However, you must also meet the medical negligence claim eligibility criteria. These are;

  • That you were owed a duty of care by a medical professional. Whilst under their care, all medical professionals will owe you a duty of care to provide care to the expected minimum standard.
  • The professional has breached this duty of care.
  • That you suffered avoidable harm as a result of this.

In general, the limitation period is three years. This time limit applies to all medical negligence claims, from surgical error claims to being wrongly prescribed antidepressants. The time limit begins from either the date the medical negligence occurred or the date on which you discovered that the avoidable harm you suffered was caused by a negligent medical professional. There are, however, exceptions to this three-year time limit for suing the NHS. We will look at these through the rest of our guide.

You can get more advice about claiming against the NHS by contacting a member of our team.

What Is The Medical Negligence Claim Time Limit For A Child?

In instances where the claimant was under the age of eighteen at the time of the negligence, the time limit for suing the NHS will not begin until they are twenty-one. Prior to this, as a child, they are not legally able to handle their own affairs.

Before turning eighteen, a medical negligence claim may be made on behalf of a child by a suitable adult. They can act as a Litigation friend. A Litigation friend can help those under the age of eighteen to claim, for example, for midwife negligence leading to a birth injury or other injuries sustained in childbirth or at any time during childhood.

A midwife provides care to a woman in labour.

How Long Do Vulnerable Adults Have To Make A Medical Negligence Claim?

The time limit for suing the NHS, where the claimant is a vulnerable adult, will be suspended if they lack the mental capacity to handle their claim. The limitation period will not apply in these circumstances, and a claim may be brought at any time by a Litigation friend acting on their behalf. This may impact those with;

  • Dementia.
  • Severe developmental disorders or learning difficulties.
  • A traumatic brain injury.
  • Mental illness leading to disability.

There are instances in which the injured party could regain the mental capacity to sue on their own behalf. In such cases, the 3-year limitation period on claims will begin from the date they regain capacity. Contact an advisor if you have any questions.

Is There A Time Limit For Suing The NHS For A Fatal Injury?

If a person has died due to negligent medical care, fatal medical negligence claims must be made within the relevant time limit. In most instances, a fatal accident claim must be made within three years. This three-year limitation period usually begins on the date of the person’s death. Sometimes, however, it might only be a post-mortem or inquest that highlights the cause of death as being negligent medical treatment, and it can be the case that the 3-year time limit runs from the outcome of such a hearing.

To sue the NHS for fatal medical negligence, the deceased’s estate may bring a claim. It could claim for the pain and suffering of the deceased as well as any financial losses e.g. funeral costs. This is under the Law Reform (Miscellaneous) Provisions Act 1934.

Claims by certain dependants could also be made under the Fatal Accidents Act 1976. Such claims may be made if the estate has not already done so. Please call our advisors to find out more about making fatal medical negligence claims and the time limit for suing the NHS.

Medical staff take a patient on a bed through a hospital.

How Long Do I Have To Claim Against A Private Healthcare Provider?

Whether you were harmed because of medical negligence in the NHS or the private sector, the same medical negligence claims time limit will be applicable. Whilst there may be different processes for making complaints, the time limit in which to make compensation claims does not differ.

As with cases of NHS negligence, you will have three years from the date you suffered medical negligence or discovered the harm you suffered was, in fact, caused by a negligent medical professional. The same exceptions covered above also apply.

For more information on how long you have to claim against negligent medical professionals in the private sector, please contact our team.

Can I Claim Outside The Normal Time Period For Suing The NHS?

After reading this guide, you may be asking, ‘Can I sue the NHS after 3 years?’ The simple answer is your NHS negligence case must be made within the relevant time limit.

Under the Limitation Act, the defendant will have an automatic defence to any claim brought outside the usual 3-year time period. The exceptions to this are people under the age of 18 and people lacking mental capacity, as discussed above. It is unlikely that if you are an adult of sound mind trying to bring a medical negligence claim outside the 3-year time frame, the court will let you do so.

Contact Us To See If You Can Make A Medical Negligence Case

At Legal Expert our medical negligence solicitors are experienced in handling a wide range of different types of medical negligence claims. They could help you to build a case and get the compensation you are entitled to.

Our No Win No Fee solicitors could help you to claim for clinical negligence through a Conditional Fee Agreement (CFA). A CFA is a way for a solicitor to handle a medical negligence case (or other claim) without having to pay any costs upfront for the solicitor’s work. Instead, you only pay for their services if and when your clinical negligence claim is successful.

If your case is successful, a success fee will be deducted from the compensation awarded to you on a percentage basis. This percentage is subject to a legally imposed maximum.

For more information on NHS negligence claims and to check the time limit for suing the NHS, which applies to you, contact our team.

  • You can use our live chat on this page.
  • You can use our claims form to make a claim online.
  • Or phone our team today on 0800 073 8804.

A solicitor explains the time limit for suing The NHS.

More Resources About Medical Negligence Claims

Further resources on suing the NHS or private healthcare providers for medical negligence.

Further resources on medical negligence compensation claims.

Thank you for reading our guide on the time limit for suing the NHS. For more information on how to sue a medical professional, contact our team.