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Are there time limits?

Time limits do apply in medical negligence cases.  Although there is no requirement to provide notice of your claim to the medical practitioner or hospital, there is a requirement to ensure that proceedings are commenced in a court within 3 years of the date that your cause of action was discoverable.  That date may be the date of an operation which has gone wrong, or the date on which there was a failure to diagnose a condition.  In other cases, the date may be some time after an operation, when you became aware of the nature and extent of your injury. 

If proceedings are not commenced within the 3 year limitation period, then you may not be entitled to commence or maintain proceedings. If you are concerned that your claim may fall outside of the 3 year limitation period, then we strongly recommend that you obtain legal advice without delay.

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Marsdens Offices