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Time limits for claiming
If you wish to pursue a claim for damages for clinical negligence you need to act quickly because the law imposes time limits. The general rule is that court proceedings must be commenced within three years of the date of the treatment in question. Any claim needs to be investigated in detail before court proceedings begin and such investigation can take time. It is therefore important to instruct a specialist solicitor as soon as possible.
The law on time limits is quite complicated. It recognises that in medical cases, a patient may not realise that treatment has failed until some time after the event. It may therefore be that time will not start to run until after the treatment in question. It might still be possible to pursue a claim even though three years or more have passed since the treatment in question. We advise clients not to make assumptions about time limits. If you think that you might have suffered injury or loss as a result of substandard medical care, consult one of our specialist solicitors as soon as possible and they will consider the question of time limits as part of their initial review of your case.
Where the person injured was a child at the time of the treatment in question, or if the person in question was under a disability and unable to manage his or her own affairs, the rules on time limits are different. Generally speaking, the three year period will not start to run until a child reaches the age of 18.
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