STATUTE OF LIMITATION

There are time limits regarding the last date on which medical negligence claims can be started in a court of law and if the case has not been settled and damages paid by agreement prior to that time or proceedings have not been issued in the court then the opportunity to claim damages may have been lost forever. The reason for the time limit imposed by a statute of limitation relates principally to the reliability and availability of evidence after a long period has passed and the necessity to bring about closure after a certain period of time to allow all parties to move forward with confidence in the knowledge that matters relating to a potential claim will not unexpectedly arise.

The primary period is three years from the date of the negligence however “The Limitation Act 1980” extends this primary period as follows:

• The 3 year period does not start running until the date on which the claimant knows the identity of the defendant and has knowledge that the injury in question was significant and was attributable to negligence.
• If an injured person is suffering from mental disability then time does not start to run until mental capacity has returned. In cases of long-term mental incapacity an action for compensation can be started long after the primary limitation period has expired. Effectively the statute of limitation allows a permanently mentally disabled person to take legal action at any time which is particularly important for those who have been mentally incapacitated by birth injuries including cerebral palsy.
• The three year period does not start running until the potential claimant reaches the age of 18 years and effectively expires on the eve of the 21st birthday.
• The courts can extend the time limits at their discretion but this is a rare event.

We are a national network of independent solicitors who deal with medical negligence claims and we are all members of The Law Society panel of medical negligence experts. We are franchised to make an immediate application for legal aid and for those who do not meet the financial criteria for public funding we are prepared to consider talking action under the no win no fee scheme. If you would like free advice direct from a specialist solicitor with no further obligation just complete the contact form and a clinical law expert will contact you as soon as possible.

The Law Commission which recommends new law or changes of current law to the Government has indicated that there needs to be a fundamental reform of the law. In a consultation paper, the Law Commission provisionally proposes a new regime which would be as follows:

• There would be an initial limitation period of three years that would start from the date the claimant discovers, or ought reasonably to discover, that their is a legal claim against the defendant.
• There would be a maximum limitation period of 30 years in personal injury claims starting from the date of the act or omission of the defendant which gives rise to the claim.
• The initial limitation period would be extended where the claimant was either mentally incapable or under the age of 18 years however adult disability would not extend the maximum period except following deliberate concealment by the defendant of facts relating to the claim.
• The courts would not have discretion to extend a limitation period.