When To Make A Medical Negligence Claim

Date Added 01.04.16

To work out if you may have a medical negligence claim the key questions to ask yourself are;

1)    Have you suffered an unexpected and serious injury in a medical setting?

2)    Was it due to a healthcare provider (doctor, nurse, physiotherapist etc)?

3)    Is this injury likely to last more than a few weeks?

4)    Has it cost you some money, or have you lost money through being unable to work?

5)    Was it in the last 3 years?

If the answers to each question is ‘YES’ then we may be able to help you. There are other things to take into account but we can discuss them with you after you have provided us with further information. Call 0333 414 9123

Time limits

There are time limits that you must take account. The law imposes strict time limits (subject to certain limited exceptions) for starting a claim for compensation, including claims for medical negligence.

Generally, an adult with capacity must start a claim for compensation within 3 years of the date of the negligently caused injury or, if later, within 3 years of the date when the injured person knew the injury was significant and was attributable to the healthcare provider.

It is not always straightforward working out the correct date, so it is better to contact us sooner rather than later, and not to leave things until the last minute.

If a claim is not started (ie Issued) at Court within the relevant time limit then it is likely that your claim will not be able to proceed no matter how strong your case.

The time limits for children and people who do not have mental capacity are different. We will explain them to you more fully if this applies.

Ordinarily, we investigate a medical negligence claim before we can start a claim. That investigation can take many months. It is in your interests to contact us as soon as possible.

Tollers specialist medical negligence lawyers

The head of the Medical Negligence Team at Tollers is Dr Darren Conway PhD.  Darren has considerable experience of medical negligence claims, having trained and worked for a leading niche practice in London, and subsequently for both a national and international firm specialising in the field of medical negligence.

If you believe your injuries are as a consequence of medical negligence then please contact our Welcome team, who are happy to take initial details from you. Your first consultation with our Welcome Team is FREE of charge.  Call today on 0333 414 9123

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