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How long do I have to claim?

The time by which you must make a claim for medical negligence is governed by the provisions of the Limitation Act 1980.

Under this Act, a Claimant normally has three years from either the date of the incident, or their date of knowledge that there has been negligence in their medical treatment, whichever is the latest in which to issue their claim at court in order to prevent it from becoming statute-barred. This is known as the ‘Limitation Period’.

In the case of someone who was a minor (under the age of 18) when they received the treatment complained of, they have until their 21st birthday to make a claim.

During the course of investigations into a claim for medical negligence, it is sometimes possible to ask the Defendant to agree to extend the limitation period to allow time for the parties to comply with the Clinical Negligence Pre-Action Protocol, which is a section of the Civil Procedure Rules which sets out the various steps that should be taken by the parties to a claim before it is issued at court.

The courts also have a discretion under the provisions of the Limitation Act to disregard the limitation period in certain circumstances.

If you or a loved one have been the victim of medical negligence, but you are not sure if you are in time to make a claim, please contact our specialist team on 0191 213 1010,, or via the link below to discuss your case further free of charge.

McKeag & Co Solicitors, 1-3 Lansdowne Terrace, Gosforth, Newcastle upon Tyne, NE3 1HN
Tel: 0191 213 1010
24 Hour Emergency Line: 07850 565543 (Crime only)