There are legal time limits for bringing medical negligence claims. In most cases, adults have three years from the date of the alleged negligence, or from the date they became aware that negligent treatment may have caused an injury, to begin legal proceedings.
Different rules apply to children. In England and Wales, the three-year limitation period does not usually begin until a child's 18th birthday. As a result, a claim can normally be brought at any time before they reach the age of 21.
There are also special rules for individuals who lack the mental capacity to manage their own affairs. In these circumstances, the usual limitation period may not begin to run while that lack of capacity continues.
Although these rules can provide additional time, it is generally advisable to seek advice as soon as concerns arise. Early investigation can help ensure that medical records and other important evidence are preserved and available if questions later arise about the care provided.
Limitation rules can be complex and each case is different, therefore specialist legal advice should always be obtained where there are concerns that avoidable medical errors may have contributed to a child's injuries.