Clinical Negligence
Time Limits
The law provides that there are certain time limits within which a claim must be brought if it is to be allowed to proceed.
The basic rule is that a claim for damages for personal injuries must be brought within three years of the date upon which the injury was sustained. However, if a patient had no idea that he or she had been injured as a result of his or her medical treatment until a later date, the three year period would not start until the patient had that knowledge.
The law requires the injured person to commence Court proceedings within this three year period and not just consult a Solicitor with a view to investigating a claim.
Where the injured person is a child, the three year limitation period does not begin to run until he or she reaches his or her 18th birthday. So, in effect, a child has until its 21st birthday to bring a claim.
Where the injured person has suffered a brain injury as a result of his or her medical treatment or where he or she suffered from learning difficulties prior to the medical treatment and, in either case, the injured person does not have the mental capacity to understand the legal process and manage his or her own affairs, there is no limit upon the time for bringing a claim. This is why some young adults with cerebral palsy are still able to bring a claim after they reach the age of 21.
If an adult or a child dies as a result of their medical treatment, their personal representatives or dependants may bring a claim within three years of the date of their death.
Even if the limitation period has expired, the Court has the ability to exercise its discretion to allow a claim to proceed if it considers it is just to do so.
It is always best to investigate a claim as soon as possible after you are aware that you or your child have been or might possibly have been injured as a result of your medical treatment. An early investigation will ensure that statements can be prepared for witnesses before memories fade and it is less likely that the relevant medical records will have been lost or destroyed. It will also result in an earlier payment of damages.