Time Constraints For Filing A Clinical Negligence Compensation Claim

clinical negligence


As with other personal injury claims, the statutory time limit for filing a medical or clinical negligence compensation claim is three years. There is a slight difference however between the two.

Most personal injury claims need to be filed within 3 years from the date that the accident occurred. With medical and clinical negligence claims, the 3 years is calculated not from the time of the injury but from the date when you first realized that your injury was the result of medical or clinical negligence.

This additional time takes into consideration that in the majority of cases, the damaging effects of the misdiagnosis or mistreatment might only begin to manifest themselves a long while after the treatment in question. Sometimes, the effects may only make themselves felt after several years.

If you are planning on filing a compensation claim for medical negligence, it is important to get expert legal advice as early as possible. Obtaining all the necessary documentation and putting together a compelling case takes time. Moreover, the earlier you start the process the easier it will be to get access to witnesses and all the staff involved in your care.

Starting early also minimizes the possibility that your medical negligence solicitor may not have sufficient time to put together your paperwork and file the case in court before the deadline.

 Best Regards,

Adv Dr. Arun D Mishra

Medico Legal Consultant

Adv. High Court & Supreme Court

MD, LLM (Crime), MA (Phil), Ph.D…, F.Yoga, Adv.D.Yoga

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