Time limits for clinical negligence claims in England, Wales and Ireland
Legal claims about medical care must be started within strict time limits. Missing the deadline can end a claim, however strong it is.
England and Wales: usually three years
Under the Limitation Act 1980, a claim for personal injury, including clinical negligence, must normally be started within three years of either the date of the injury, or the "date of knowledge": the date the person first knew, or reasonably could have known, that the injury was significant and that it may have been caused by the care they received.
- Children: time does not start to run until the child's 18th birthday, so the claim must usually be started before the age of 21.
- People who lack mental capacity: time does not run while the person lacks capacity to manage the claim.
- Deaths: where a person has died, the three years usually run from the date of death or from the date of knowledge of the person bringing the claim.
The court has a limited discretion to allow a claim brought late, but it should never be relied on.
Ireland: usually two years
In Ireland, personal injury claims, including medical negligence claims, must generally be started within two years of the date the cause of action arose or the date of knowledge, whichever is later. For children, time usually runs from their 18th birthday.
Other countries
Time limits elsewhere vary widely and some are much shorter. In some countries a complaint must first be made to a medical committee or regulator before a court claim, with its own deadline. Take local legal advice early.
Why it takes longer than you expect
Before a claim can be started, records must be obtained, an expert must review them, and in England and Wales the Pre-Action Protocol for the Resolution of Clinical Disputes expects a letter of claim to be sent, with the defendant normally given four months to respond. All of this takes many months. If a deadline is approaching, a solicitor can protect the position by issuing proceedings or agreeing a standstill with the other side.
Do not wait for a records review. If you think you may have a claim, speak to a solicitor promptly. A records review can run alongside legal advice, but it should never delay it.
This article gives general information only and is not legal advice. Time limits depend on the facts of each case and the law can change. Always take advice from a solicitor about your own situation.