Time Limits for GP Negligence Claims

If you think you have suffered GP medical negligence, how soon should you contact a professional? In this blog, we explain practical next steps for victims, including the key deadlines for submitting your claim and the types of compensation to which you might be entitled.

How soon do I have to submit my claim?

In England and Wales, victims typically have three years to make a claim for medical negligence. This time period can start either from the negligent act or the discovery of harm, depending on the specific facts of each case.

There are exceptions to this time frame. In cases of harm to a child, the limitation period only begins when they turn 18 years old. Claims made by a family member for medical negligence that resulted in the victim’s death must start within three years of the date of death. Finally, if an adult does not have mental capacity, the three years limitation period does not apply.

As set out by the Limitation Act 1980, if a claim is not formally started within three years, and no exemptions apply, the potential claimant is usually barred from pursuing the claim.

Types of compensation

Financial compensation is an important part of many claims to cover lost earnings or treatment costs. However, there are other outcomes to bear in mind too.

Gaining recognition of negligence, as well as of the victim’s pain and suffering, can have major emotional impact. A GP’s admission of guilt can also prompt institutional change by forcing a review of practices, which reassures many victims that the same mistakes will be less likely to happen to anyone else.

Don’t delay

As well as ensuring any action is contained within the three-year limitation period, starting your claim at the earliest possibility helps claimants present the strongest claim.

For example, being closer in time to the events ensures that evidence does not get lost. In the best scenario, enlisting a legal expert early provides guidance on the types of evidence that need to be preserved to help you build the strongest case.

Get in touch today

If you are thinking about submitting a GP medical negligence claim, the sooner you start the better. Reach out to our team for guidance on pursuing a GP negligence claim before it’s too late.

Get in touch by email to enquiries@attwaters.co.uk or call 0330 221 8855 to find out how our friendly experts can help.