Is there a time limit to claim compensation for clinical negligence in the UK?
In the UK – you have three years from the date of injury or date of knowledge of clinical negligence to make a claim.
Generally speaking – victims of clinical negligence are unaware that there has been negligence or that an injury has been suffered until another medical expert diagnosis a problem. This can be many years after the original negligence occurs.
In short – there is no time limit to claim compensation save for three years from the date of knowledge of injury of negligence.
Click medical negligence to see the article I have written setting out the medical negligence claims procedure from start to finish.
hi i had an operation in 1987 on my lower back, and now i am experiencing severe back problems caused by spinal stenosis, cause by the scar tissue around the area of operation, as the original site of the operation took over six months to heal as there was an infection
is there any chance of claiming for it ?
Hello Peter
In principle there would be a chance to claim compensation if it can be shown that the infection was caused by the negligence of the hospital, but as the operation was in 1987 it would seem that any claim against the NHS trust would be time barred as I presume you were aware shortly after the operation that an infection had taken place.
I am happy however to speak to you in person to explore the date you might be construed to have knowledge of the clinical negligence and to this end please feel you can call me on 0161 8346776 to discuss when you were diagnosed with spinal stenosis and when you were made aware that an infection could have ultimately caused it.
I had an operation in 2001 to have some of my trapped disk removed, during that operation the long tweezers that were used to remove section of disk while they were being cut away, broke and the tip of the tweezer embedded its self inside the disk, i was kept under for and extra hour and a half, while they tried to retrive the tip, they eventually had to give up. I now have a section of stainless steel measuring 16mm x 3mm embedded inside my disk. Where do i stand in making a claim for medical negligence ? it is a constant worry when doing anything manual, is it safe in there, will it move one day ?
Regards
S Card
S Card
Thank you for the information you have supplied concerning the medical error that occured during your operation.
I believe you have a claim for clinical negligence so long as your date of knowledge of injury was in the last three years.
Please click clinical negligence claim to complete my online form with more details, which will allow me to better assess your claim and I will give you a call to discuss further.
Regards
Kevin Bolton Solicitor
0161 8346776
Are there any circumstances at all in which the 3 year rule: knowledge of a problem to making a claim can be waived? I am trying to help my mother. She seems to have a very good case except that 5 years not 3 have passed.
Would be grateful if you could reply asap as she is struggling with finances being recently widowed. Thank you
Elaine
The court has a general discretion to extend the time period for making a claim in the UK. An application would have to be made and there would have to be good grounds for the delay and no prejudice to the parties’ by allowing a claim to proceed.
When you are considering a medical negligence claim, as I presume is the case for your mother, you might find that the three years has not in fact expired. It might be that your mother did not have knowledge that she was injured and that the injury could have come from medical error until there was some further medical intervention which highlighted it.
The best approach, if you suspect you have suffered medical negligence and are worried about the time period, is to speak to a specialist clinical negligence solicitor as soon as possible to assess your chances of making a claim or call me on the number shown next to my photo at the top of the page to speak to me in person free of charge.
Regards
Kevin Bolton Solicitor
Hi,
I had a hip replacement in July 2007. After 2 weeks, I was aware of a problem. I went to the hospital and saw a registrar.
He told me there was no problem. However, 4 weeks later, a routine check up revealed the replacement had failed. I had a revision 2 WEEKS LATER. Since then, my leg is considerably shorter, causing problems now with my back, knees through my inability to use my leg properly.
Is it too late to make a claim, and do I have grounds for a claim?
I am badly affected by this, and am struggling to keep working. Thank you.
Paula
There are generally three years from the date of injury or date of knowledge of injury to commence a claim at court – the court has a discretion to extend this time period.
There are several exceptions, including a child (someone under the age of 18 years) at the time of the negligence has until the 21st birthday to commence a claim at court.
I think the prime question as to whether you are in time to claim for medical negligence depends on when you knew or reasonably believed an error had occurred causing you injury. It is arguable to say that it is not when you realised that the replacement had failed, but when you realised that one leg was considerably shorter than the other. It might therefore be the case that you are within the 3 year period.
If you have not already done so – you should put a formal letter of complaint to the NHS trust. To find out who to write to you should call the the hospital and ask about their complaints procedure. You will then be provided with a contact name and address to put your letter to. In your letter you should set out in numbered points what you feel the problems are and the errors you feel the hospital has made.
I also recommend you click medical negligence claims to arrange a free call back from me in person or alternatively contact another clinical negligence solicitor to carefully review your claim to see if there is still a possibility of a claim. You will find only a detailed conversation will a specialist solicitor will suffice.