Limitation Act 1980: What are the limits for making a medical negligence claim?

Welcome to our blog, where we uncover the critical aspects of medical negligence claims within the framework of the Limitation Act 1980. Delving into the legal nuances, we explore the pivotal question: what are the limitations for making a medical negligence claim? Understanding these limitations is paramount for anyone seeking justice in cases of medical malpractice. Join us as we navigate through the intricacies of the Limitation Act and unravel its implications for those pursuing recourse in the face of medical negligence. Let’s embark on this enlightening journey together.

Limitation Act 1980

The Limitation Act 1980 states that you have three years from the date of the medical negligence incident occurring or three years from the date you first became aware of the medical negligence unless there is an exemption.

Exemptions including being a child. Children have three years from their 18^th birthday to pursue a medical negligence claim, unless a parent has made a claim on their behalf before they turned 18. If this is the case then the child cannot make another medical negligence claim. If once the victim turns 18 they lack mental capacity, then there is no time limit. The time limit will start once they have capacity.

Another exemption under the Limitations Act 1980 is the victim of medical negligence passing away. If the victim passes away before the three years has expired, the family has three years from the date of the death to bring a medical negligence claim. If the victim passes away while making a claim, the family has three years from the date of death to continue the claim.   

How can Taylor Bracewell’s Medical Negligence team assist you with making a claim?

If you believe you have been the victim of medical negligence it is vital that you seek legal advice as soon as possible, due to the Limitation Act 1980. Our solicitors are experts when it comes to dealing with medical negligence claims and can ensure you get the best possible outcome.

Contact our Doncaster solicitors on 01302 341414 or our Sheffield solicitors on 0114 272 1884. Alternatively, you can fill out our online enquiry form.