If you’ve suffered illness or injury because of medical mistakes, you may be entitled to claim compensation. Medical negligence can take many forms – such as a missed diagnosis, delays in treatment, or prescribing the wrong medication. When avoidable harm happens, a claim can help cover your losses, fund treatment, and support your recovery.

One of the most important things to understand is that there are time limits for making a claim. Many people don’t realise this until it’s too late. Starting the process as soon as possible gives you the best chance of securing justice and compensation.

Here, our experienced solicitors explain how long after medical negligence you can claim, the exceptions to the rules, and why it’s best not to delay.

What is the usual time limit for medical negligence claims?

In most cases, you have three years from the date the negligence happened to begin your claim. This is called the limitation period .

It’s important to know that your claim doesn’t need to be completed within this time – it just needs to be started. Many cases settle quickly out of court, while others can take longer if the NHS Trust or private provider denies responsibility. If court proceedings are needed, the claim can continue beyond three years.

At Switalskis, we’ll make sure your claim is started on time and guide you through each stage. All you need to do is tell us what happened and provide any evidence you have, such as medical records. We’ll handle the legal process so you can focus on your recovery.

Does the three-year limit always start straight away?

Not always. Sometimes it’s not obvious at first that your condition has worsened because of medical negligence. In these cases, the three-year period usually starts from the point you became aware – or should reasonably have become aware – that your harm was linked to negligent treatment.

For example, if you later receive a diagnosis that explains your worsening symptoms were caused by mistakes in your care, the time limit may begin from that date.

If you’re unsure when your limitation period started, it’s best to seek legal advice. Our solicitors will review your circumstances and let you know if you’re still within the time limit to make a claim. Even if you think too much time has passed, there may still be options.

Other exceptions to the medical negligence time limit

There are a few important exceptions to be aware of:

• Children: If the injured person is under 18, parents or guardians can start a claim on their behalf at any time before their 18th birthday. If no claim is made, the three-year period begins when they turn 18, meaning they can bring a claim themselves until their 21st birthday.
• Lack of mental capacity: If the injured person does not have the mental capacity to manage their own claim, there may be no time limit. A family member, carer or litigation friend may be able to bring the claim on their behalf.
• Exceptional circumstances: In very rare situations, courts can allow claims outside of the three-year period. However, this is unusual, and you should never rely on this exception.

Why it’s best to make a claim as soon as possible

Understandably, many people want to wait until they feel better before starting a claim. But acting quickly has important benefits:

• You protect your right to claim – missing the deadline could mean losing the chance to seek justice and compensation.
• You can access early support – in some cases, we can secure interim payments. These are partial payments made before the case settles, to help cover things like lost earnings, specialist equipment, or private treatment.
• Medical experts can help sooner – we may bring in independent medical professionals to provide evidence and ensure your future needs are properly considered. You don’t need to wait until your condition worsens to be fully compensated.

Above all, starting early means less stress later. With the right solicitors on your side, the process is straightforward and carefully managed, allowing you to focus on your recovery.

Taking the next step

At Switalskis, we know starting a medical negligence claim can feel overwhelming. That’s why we make it simple. We’ll listen to your experience, explain your options clearly, and take care of the process for you.

We offer a free initial consultation with no obligation to continue. This gives you the chance to understand your rights and make an informed decision about what to do next.

To speak to our specialist team, call 0800 138 0458 or get in touch through our website . We’re here to help you take the first step towards justice and recovery.