Medical claims can take some time to investigate so, in order not to miss any deadlines, the earlier you speak with a solicitor the better.
If you are over 18, claims for medical negligence must be started at court within 3 years of the date of the treatment, operation or incident. If this date is missed, it may not be possible to bring your claim at all. In some circumstances however you may be able to start proceedings even if the 3 year period has expired. It is vital that you speak to a member of our team as soon as you are possible so that we can ensure that your right to claim is not lost.
Children have 3 years after they reach 18 within which to start a claim. In practice children therefore have until their 21st birthday to issue proceedings at court. However, witness' memories can be very important for a case to succeed so it is wise to take action as soon after the incident as possible to ensure that these memories do not fade.
With regards to patients who do not have mental capacity to manage their own affairs there are no time limits within which they must make a claim.
Email our clinical negligence team.
Exeter Office: Southernhay West. Broadwalk House, Exeter, Devon EX1 1UA Tel: 01392 207020, Fax: 01392 207018, Email: enquiries@tozers.co.uk