The Law provides for a limitation period of 3 years for this kind of case. The starting point for the limitation period beginning to run is usually the date when the injury is sustained. In clinical negligence cases however, it is not always possible to fix this date with certainty.

For example, you may not have found out until many months after the treatment that something had gone wrong. In those cases, the limitation date begins to run from the date when you knew that you had suffered an injury which was attributable in whole or in part to the act or omission which you say was negligent.

Limitation is another difficulty in clinical negligence claims. Even if the three year limitation period has possibly passed this does not necessarily prevent a claim being made. Judges have a discretion to override the time limits in appropriate circumstances. If you have an “old” claim then this is something which would need to be discussed with you.

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