Learn What Are The Time Limits For Suing The NHS

If you have been harmed by negligent medical care, you could be eligible to claim compensation. Whether making a clinical negligence claim against the NHS, or a private provider, you must do so within the applicable time limit. In this guide, we break down the time limits for suing the NHS.

Whilst NHS care will usually meet the highest professional standards, there are occasions in which care provided does fall short. In such circumstances, medical professionals may have acted negligently, causing avoidable or unnecessary harm. In such cases, you could make a clinical or medical negligence claim.

If, after reading our guide, you have further questions on how long you have to sue the NHS or the criteria your claim needs to meet, you can contact our team. We are on hand to provide help and advice on medical negligence claims.

  • Call to our advisors now on 0800 073 8801
  • Use the live support below to talk to us.
  • Or complete our contact us form for a call back.

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What Are The Time Limits For Suing The NHS?

Whether claiming against the NHS or any other medical service provider, you must do so within the applicable limitation period. The time limit to sue the NHS (or for any medical negligence claims) is set out in the Limitation Act 1980.

Typically, the time limits for suing the NHS will begin either;

  • On the date medical negligence occurred.
  • On the date you became aware (or would have been expected to be aware) that you suffered medical negligence. This is called the date of awareness.

For example, if you sustained an injury during surgery due to a surgical error you may be immediately aware of the harm caused to you. The surgical team may explain what had happened, how you have been harmed and what steps they must take.

The date of awareness may be later in some circumstances. For example, if a doctor failed to diagnose an illness such as cancer, you may not become aware of this for some time. Your three year time limit would not begin until you became aware of the medical misdiagnosis and harm caused.

We should note that there is not a time limit in which the claim must be completed. You do, however, need to ensure that it is started as soon as possible.

To learn more about compensation claims for medical negligence, please contact our team.

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

After reading the section above, you may be asking “can I sue the NHS after 3 years?” Whilst the typical limitation period for suing the NHS is three years, there are exceptions to this.

One of these exceptions is where the person harmed was under the age of eighteen at the time medical negligence occurred. Those under the age of eighteen are unable to seek legal advice or make a claim on their own behalf.

For a child who has been harmed, such as through a birth injury, the three year time limit will not start until they turn eighteen. It will then run for three years, giving them until they are 21 to start their medical negligence case.

Prior to this, a suitable adult may make a claim on their behalf. To do so, they must apply to the courts to become a Litigation friend.

For more information on time limits for suing the NHS on behalf of a child, please contact our team.

How Long Do Vulnerable Adults Have To Claim Compensation?

In some circumstances, an adult who lacks the mental capacity to make a claim on their own behalf could be harmed. In such cases, the three year time limit is suspended indefinitely.

Instead, a suitable adult will be able to act as a Litigation friend by applying to the court at any point during this time. They will then be able to make a medical negligence claim on behalf of the vulnerable adult.

We should note that if the claimant does recover this capacity, they will then become subject to the three year time limit (if a Litigation friend has not already made a claim for them). This will begin from the date they regained their mental capacity.

For more information on time limits for suing the NHS on behalf of a vulnerable adult, please contact our team.

What Is The Medical Negligence Claim Time Limit For Fatal Injuries?

Very severe instances of clinical negligence could lead to fatal harm and even death. In the event that someone does die as a result of clinical negligence, the estate or certain relatives could file a death by medical negligence claim.

Within the first six months after the death, only the estate of the deceased may make a compensation claim. If the estate does not make a claim within this period, dependents of the deceased may make a claim. Only dependents specified under the Fatal Accident Act 1976 may do so.

The fatal medical negligence time limit is still three years. This time limit will run from either the date of death or the date of knowledge, such as following a post-mortem or inquest.

Our team could help you to make a medical negligence death claim. For more information on how a specialist medical negligence solicitor could help you, call us today.

Can I Sue The NHS On A No Win No Fee Basis?

If after reading our guide on time limits for suing the NHS, you are ready to make  a GP or hospital negligence claim, we are ready to help you. A specialist medical negligence solicitor could help you to make a successful claim. They could guide you through the medical negligence claims process.

Whether you were misdiagnosed by a doctor or your diagnosis was delayed, one of our medical negligence solicitors could help you.

By making a medical negligence claim with our team, a solicitor will,

  • Build the strongest possible claim against a medical professional. They will advise you on how to prove medical negligence and what evidence could help to do so.
  • Explain any medical or legal terminology.
  • Ensure that your claim is correctly valued.
  • Explain the limitation period which applies to your claim.

Another commonly asked question about medical negligence claims is how they are funded. One of our No Win No Fee solicitors could offer to handle your case through a Conditional Fee Agreement (CFA).

Under a CFA, your solicitor will not charge you for their legal services either in advance or whilst your claim is underway. Instead, if your claim is successful they will deduct a success fee. This fee is a set percentage of the compensation awarded to you. The percentage will be set out in the CFA and agreed in advance. The percentage is also limited by law.

To begin a medical negligence claim, please;

  • Call to speak to an advisor today 0800 073 8801
  • Use our contact us page to fill in your details for a call back.
  • Or, use the live support on this page.

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Read More About How To Claim For Medical Negligence

Finally, we have included further helpful guides, both from across our site and from trusted external sources.

Medical negligence claim resources:

Thank you for reading our guide on time limits for suing the NHS. If you have any further questions about NHS negligence, please contact our team. Our medical negligence solicitors are ready to help you.