Medical negligence can have life-changing consequences. If you or a loved one has suffered due to a mistake by a doctor, nurse, or healthcare professional, you may be entitled to compensation. But what if more than five years have passed since the incident? Can you still make a claim for medical negligence?
In this article, we will explain the legal time limits for medical negligence claims, the exceptions that might allow you to claim after five years, and what steps you should take if you believe you have a case.
Understanding the Time Limit for Medical Negligence Claims
The law in the UK sets a time limit for making medical negligence claims. This is called the limitation period, and it is usually three years from the date of the incident or the date you became aware of the negligence.
What is the Limitation Act 1980?
The Limitation Act 1980 is the law that sets time limits for different types of legal claims, including medical negligence. According to this law:
- You must bring a claim within three years from the date of the negligence.
- If you did not immediately realise that medical negligence had occurred, the three-year period starts from the date you first became aware of it (also called the “date of knowledge”).
- If the claim is not filed within this period, it is usually not allowed in court.
However, there are exceptions to this rule, and in some cases, you may be able to claim medical negligence after five years.
Can You Claim Medical Negligence After 5 Years?
The answer depends on your circumstances. While the general rule is that claims must be made within three years, there are exceptions where claims may still be valid after five or even ten years. These exceptions include:
Cases Where the Patient Did Not Immediately Realise the Negligence
Sometimes, the effects of medical negligence do not appear straight away. You might not have realised that your injury, illness, or worsening condition was caused by medical negligence until years later. In such cases:
- The three-year time limit starts from the date you first became aware of the negligence (not necessarily when the treatment happened).
- If this discovery happened less than three years ago, you may still be able to make a claim even if the treatment happened more than five years ago.
Example: You had surgery in 2015, but in 2022, a doctor tells you that the procedure was done incorrectly and caused long-term complications. In this case, your three-year limitation period may start from 2022, meaning you have until 2025 to make a claim.
Claims for Children (Under 18)
If the medical negligence happened when you were a child, the time limit is different:
- The three-year limitation period only starts on your 18th birthday.
- This means you have until your 21st birthday to make a claim.
- If you are claiming for a child, a responsible adult (such as a parent or guardian) can make a claim on their behalf before they turn 18.
So, if you experienced medical negligence at age 10, you would still be able to claim at age 19 or 20, even though the incident happened nine or ten years ago.
Mental Incapacity
If the person affected by medical negligence is mentally incapacitated (e.g., due to brain injury, learning disabilities, dementia, or mental illness), the three-year limit does not apply.
- A claim can be made at any time, as long as the individual is unable to manage their own legal affairs.
- If the person regains mental capacity, the three-year limitation period begins from the date they recover.
Cases Where the Claim is Made on Behalf of a Deceased Person
If the person affected by medical negligence dies, their family may still be able to make a claim:
- If the patient died within three years of discovering the negligence, their family has three years from the date of death to make a claim.
- If the negligence was only discovered after death, the three-year limit starts from the date of discovery.
Exceptional Circumstances – Court’s Discretion
In rare cases, a court may allow a claim after the limitation period has expired. The court has the discretion to extend the time limit if it believes it is fair to do so. Factors that may influence the court’s decision include:
- The reason for the delay (e.g., new evidence came to light, personal circumstances prevented an earlier claim).
- The impact of the delay on the defendant (e.g., whether evidence is still available).
- Whether the claimant acted as soon as they realised they had a case.
However, such extensions are rare and are only granted in exceptional cases.
Why Should You Act Quickly?
If you think you have a medical negligence case, it’s always best to act as soon as possible. Waiting too long can make it more difficult to:
- Gather evidence – Medical records, witness statements, and expert opinions are easier to collect sooner rather than later.
- Get legal support – Solicitors may not take on a case with very little time left before the deadline.
- Prove your case – Over time, memories fade, and documents may be lost, making it harder to prove negligence.
What to Do if You Think You Have a Claim
If you believe you have been a victim of medical negligence, follow these steps:
1. Seek Legal Advice Immediately
- Contact a specialist medical negligence solicitor.
- They will assess your case and tell you if you are still eligible to claim.
2. Gather Evidence
- Collect medical records, prescriptions, and any relevant documents.
- Keep a record of symptoms, appointments, and treatments.
- If possible, get a written statement from a doctor confirming the negligence.
3. Check If You Fall Under an Exception
- Were you a child at the time?
- Have you only recently discovered the negligence?
- Does the case involve mental incapacity?
4. Act Quickly
- Even if you think the time limit has passed, seek legal advice.
- A solicitor can tell you if an exception applies or if there is any possibility of an extension.
Final Thoughts
While the general rule is that medical negligence claims must be made within three years, there are exceptions that may allow you to claim after five years. If you have only recently discovered that negligence occurred, if you were a child at the time, or if the case involves mental incapacity, you may still have a valid claim.
The best thing to do is seek legal advice as soon as possible. A specialist medical negligence solicitor can review your case, check if you qualify for an exception, and help you understand your rights.
Even if you think too much time has passed, it’s worth asking – you may still have options. Don’t delay, as the sooner you take action, the stronger your case will be.
