Generally, there is a three-year time limit for making a medical negligence claim. This time period starts from the point where the negligence is identified, which may be a later date than when the negligent act actually happened. This means court proceedings must be issued before the three years has passed in order for it to proceed.

This time limit can be extended in certain circumstances. For both private and NHS negligence claims, the time limit of three years applies, unless subject to one of the exceptions detailed in this guide. Once the claim has been started, there is no time limit on when it needs to be resolved or settled.

The three-year limit doesn't start for children until they reach the age of 18, regardless of how many years ago the medical negligence occurred. Once the child reaches the age of 18, they will have until their 21st birthday to start a claim.

This is one of the exceptions for which medical negligence claims over 3 years or more could still be valid.

The three-year time limit for medical negligence claims doesn't apply to adults who do not have the mental capacity to make their own decisions. In this kind of situation, the time limit will only apply if and when the person regains mental capacity.

If a loved one has passed away as a result of medical negligence, it might be possible for a loved one to make a claim for compensation on their behalf. There is usually a three-year time limit from the date of death on these claims too.