The Statute of Limitations for bringing a medical negligence claim is two years, minus one day, from the date of knowledge of the negligent treatment or care. In some cases, the position is clear, for example the amputation of the wrong limb. In most cases, however, the position is far more complex. This is because a patient may not have knowledge of any potential medical negligence for years after their treatment. Cancer misdiagnosis cases are a good example of this, where a patient may not even know they are sick for years after they were misdiagnosed.
If you do know that you have been ill and received medical treatment and left with a personal injury as a result of that treatment, and if there is no doubt about what happened or when it happened, then time on the two-year statute of limitations begins to run from that date. If there is any ambiguity about what led to your injury or whether it was due to medical negligence, then time won’t start running until you have sufficient evidence to show that your injury was caused by negligence.
With this in mind, we always recommend that you pursue your claim for hospital negligence compensation within two years of the negligent treatment. However, it is important to know that this area is not clear cut and it may still be possible to issue your claim after this period. This is why it’s essential to have an in-depth consultation with our hospital negligence solicitors to access your case. Contact us at O’Brien & Company Solicitors today to speak with an experienced hospital negligence specialist for an honest assessment of your case.