What is the Medical Negligence Statute of Limitations? I recently had an operation and think that I may be able to sue for personal injury compensation but I am concerned that my claim could be affected by the Statute of Limitations for medical negligence.
The Medical Negligence Statute of Limitations refers to the time limit that a potential plaintiff has to pursue a claim for personal injury compensation. Generally, the injured party has two years to begin proceedings, starting from the “Date of Knowledge” of an injury – which is usually the date on which the accident occurred. However, there are exceptions to the general rule, and the Medical Negligence Statute of Limitations is one of them.
For example, an illness was misdiagnosed by a medical practitioner and subsequently the correct diagnosis was made. The Date of Knowledge on which the Statute of Limitations for Medical Negligence would begin would be the date on which the injured party’s illness was accurately diagnosed. This exception for Medical Negligence Statute of Limitations would also apply to a case where an item of medical apparatus was left inside the patient during surgery which caused an injury, loss or deterioration of an existing condition. In this case the Date of Knowledge would be the date that the item was discovered on.
It is always worth your while to contact a solicitor as soon as an accident in which you sustain an injury, that you were not responsible for, occurs or as soon as you discover the true diagnosis of a condition. Your solicitor can answer any questions pertaining to the Medical Negligence Statute of Limitations and can also assist you in the best way to pursue your personal injury claim.