NHS: Negligence
The question
To ask the Secretary of State for Justice, whether he has made an assessment of the potential merits of removing the current statute of limitations on medical negligence cases involving cerebral palsy.
Answered by Sarah Sackman
Limitation periods set statutory time limits within which a party must bring a civil claim, or give notice of a claim, to the other party in a dispute. For negligence resulting in personal injury (which would include clinical negligence claims) the limitation period is normally three years from the date of the alleged negligence or the date of the claimant’s knowledge of damage, whichever is later.
However, under Section 33 of the Limitation Act 1980, this period can be extended at the court’s discretion, if it appears that it would be equitable (ie. fair and reasonable) to all parties to allow an action to proceed.
The Government has no plans to reform the law in this area.
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