If you or a loved one has suffered harm due to medical treatment that went wrong, you may be considering a clinical negligence claim.
But one of the most important things to understand from the outset is this: there are strict time limits for bringing a claim. Missing these deadlines could mean losing your right to compensation altogether.
In this blog, we explain the key time limits, known as the limitation period, and the exceptions that may apply.
The Limitation Act 1980
The rules governing time limits for clinical negligence claims in the UK are primarily set out in the Limitation Act 1980.
Section 11(4): Establishes the three-year limitation period for personal injury claims, including those arising from clinical negligence.
The standard time limit
In most cases, you have three years to start a clinical negligence claim. This period begins from either:
- The date the negligence occurred, or
- The date you first became aware (or reasonably should have become aware) that your injury was caused by negligent treatment. This is known as the “date of knowledge”.
To protect your rights, Court proceedings must be formally issued within this three-year window—not just started with a solicitor.
The complexities of arguing date of knowledge for limitation
Many clients will say that they believe their date of knowledge is later than the date on which the negligence occurred.
This argument can be fraught with difficulties as to when exactly a date of knowledge is triggered for limitation purposes.
The starting point is the Limitation Act 1980, section 14. This defines what constitutes the “date of knowledge”, including:
- Awareness that the injury was significant
- That it was attributable to an act or omission
- The identity of the defendant
- And that the injury justified legal proceedings
Under section 14(3) of the Act, a Claimant is deemed to have knowledge of the facts they could reasonably be expected to acquire from observable or ascertainable facts, or with the help of appropriate expert advice provided they took reasonable steps to obtain and act on that advice.
This therefore introduces the concept of a hybrid test for date of knowledge, which is part subjective, i.e., what the Claimant knew, and part objective, i.e., what the Claimant should have known.
Because the date of knowledge is fact-sensitive, it often becomes a preliminary issue in litigation and disputes may well arise over when a Claimant first suspected something was wrong, whether they acted reasonably in seeking advice, and whether expert advice should have been sought earlier.
It is therefore not enough to argue that you were never told about the negligence before, and your date of knowledge only began to run when you were aware of it. It can be enough to know that something was wrong for a date of knowledge limitation date to be triggered.
It is therefore very important that, as soon as you believe or suspect there is an issue with the medical treatment you have received, that you act on this.
Exceptions to the 3-Year Limitation Rule
There are several important exceptions to the standard three-year limitation rule in clinical negligence claims:
- Children
If the person affected was under 18 at the time of the negligence, the three-year period doesn’t start until their 18th birthday. This means they have until their 21st birthday to bring a claim.
- People Lacking Mental Capacity
If the injured person lacks the mental capacity to manage their own legal affairs (for example, due to a brain injury, dementia, or severe learning difficulties), there is no time limit—unless they later regain capacity, in which case the three-year period starts from that point.
- Fatal Claims
If someone dies as a result of clinical negligence, their family or estate has three years from the date of death—or from the date they became aware of the negligence—to bring a claim 3.
- Discretion of the Court
In rare cases, the Court has the power to allow a claim to proceed even after the time limit has passed, if it believes it is fair and just to do so. This might apply where the claimant has a psychiatric injury or other compelling reason for the delay.
What if the limitation date has passed?
The general rule is that, if the limitation date has passed but proceedings have not been formally issued with the Court, then the claim will be statute barred, meaning you cannot pursue it any further.
Section 33 of the Limitation Act does grant the Court discretion to disapply the limitation period if it considers it equitable to allow the claim to proceed. However, this would only be considered in very exceptional circumstances and is not a guaranteed get-out clause.
Why acting early matters
Even though three years may sound like a long time, clinical negligence claims can be complex. Your solicitor will need time to:
- Obtain and review medical records
- Instruct independent medical experts
- Draft a detailed Letter of Claim
- Attempt early settlement before issuing proceedings
Delays can also make it harder to gather evidence or locate witnesses. The sooner you seek legal advice, the better your chances of a successful outcome.
How can we help?
Danielle Young is a Partner in our Medical Negligence team, which has been ranked in tier one by the independently researched publication, The Legal 500. She specialises in pregnancy and birth injury claims (including cerebral palsy), brain injury claims, fatal claims, surgical error claims, and cauda equina injury claims.
If you have any questions in relation to the subjects discussed in this article, then please get in touch with Danielle or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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