THE SHORT ANSWER
For most medical negligence claims the time limit is three years. That clock does not always start on the day of your treatment. Under the Limitation Act it can start from your date of knowledge. For children the three years start at eighteen, and for someone who lacks mental capacity the limit may not run at all.
Time limits stop more claims than almost anything else, and a lot of people assume they have run out of time when they have not.
The three year time limit
For most medical negligence claims the time limit is three years. It is set by the Limitation Act 1980.
If court proceedings are not started within that period, the claim is usually barred, however strong it would have been. Courts do have a discretion to extend the period in limited circumstances, but it is not something to rely on.
When does the clock actually start?
Not always on the day of your treatment. The three years run from the later of two dates: the date the negligence happened, or your date of knowledge.
Your date of knowledge is the date you first knew, or could reasonably have found out, that you had a significant injury that maybe linked to your care.
Someone has surgery in 2021 and is left with ongoing pain that they are told is normal recovery.
In 2024, a scan shows the operation caused a problem.
In that case, the three years may run from 2024 rather than from 2021.
This is why an old injury is not automatically out of time.
Time limits for children and for people who lack capacity
Children. The three years do not start until the child turns eighteen, so a claim can usually be brought until their twenty-first birthday. A parent or another suitable adult can also bring a claim earlier, on the child's behalf.
Adults who lack mental capacity. Where someone does not have the mental capacity to manage a claim, the time limit may not run at all for as long as that remains the case.
After a death. The limit is usually three years from the date of death, or from when the family first knew there might be a link to the care.
What if the deadline is close, or has passed?
Two practical points that change how much time people think they have.
First, the deadline is for starting court proceedings, not for first getting in touch. Contacting a solicitor does not stop the clock, but it is not the thing the deadline applies to either.
Second, before proceedings can begin, a claim needs your medical records and independent expert evidence. Records can take a month or more to arrive and expert reports take longer. That work has to happen inside the three years.
If you think a deadline may be close, say so at the first contact. It changes how a claim is approached and what can realistically be done.
And if you believe the time has already passed, it is still worth asking. The date of knowledge rules mean the clock may have started later than you assume.
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Worried you may have left it too late?
A lot of people are, and a lot of them are wrong about it. Tell us when things happened and when you found out, and we will tell you honestly where you stand.
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From whichever is later. The three years run from the date of the negligence or from your date of knowledge, which is when you first knew, or could reasonably have found out, that you had a significant injury that may be linked to your care.
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Possibly, if your date of knowledge was more recent, if the claim is for a child, or if the person affected lacks mental capacity. It is worth asking rather than assuming the time has gone.
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The three years do not start until your child turns eighteen, so a claim can usually be brought until their twenty-first birthday. You can also bring a claim on their behalf before then as their litigation friend.