The medical negligence claims time limit is normally up to three years, but it is best to first consult with a medical negligence lawyer regarding the time limit before making a claim or taking legal action. It is possible that a court will extend the period should there be enough evidence and grounds for doing so.
As a rule of thumb, you shouldnt wait until the medical negligence claims time limit has been reached before taking action. The sooner you get legal guidance and take the necessary steps the better your chances for success in a negligence lawsuit or claim will be.
When Can a Person Claim?
The potential of risk or injury is thus not a valid reason for filing a medical negligence claim. Also note that various routes can be followed. There is a common misconception that you have to file a claim only through a medical council. Summons must be issued for compensation.
If a medical practitioner fails to use a new, yet, full recognized treatment method in a step of prejudice to the person treated there may be grounds for a negligence claim. Likewise where the medical professional incorrectly diagnoses a condition which leads to injury or health problems for the patient then you can file a claim. Other instances are that of:
Practitioner failing to inform the patient of known risks involved with the particular treatment and damages that may occur.
Practitioner not informing the patient of alternative methods of treatment.
Delayed treatment or diagnosis leading to injury or harm.
If a medical professional provides medication or treatment without the necessary knowledge or experience in using the treatment method and the patient suffers harm.
Why Act Within a Specific Medical Negligence Time Limit?
Failures to take legal action sooner rather than later can significantly reduce the probability of success against the institution or practitioner. Evidence can be lost during the period and the practitioner may move to another country, which will make it even more difficult to succeed in legal action against the practitioner.
Personnel that may have given evidence had they been approached earlier may no longer be willing to do so or their evidence may be compromised because of the lack of record and memory about the incidence.
You may also overcome the initial injury and thus have a limited claim. Papers and receipts may be lost during the period. Avoid the above. Get guidance from lawyers for immediate assessment assistance within the medical negligence claims time limit.