Are There Special Time Limits For Children?
Indeed, there are. The Limitation Act has a somewhat more clement approach to children; so much so that the 3 years limitation period does not apply to children in the same way as adults. Only when a child reaches 18 years of age does the 3 years limitation period to start.
So, for example, if a child suffers a birth injury, limitation to start a claim at court will start on their 18th birthday, and therefore expire on their 21st birthday. As with any claim that an adult may wish to pursue for medical negligence compensation, this rule is also subject to the date of knowledge test (when did a patient reasonably become aware of an injury, or illness as a result of the negligence of the medical practitioner) and whether they are deemed to have mental capacity. If a child lacks mental capacity, there is no limitation period at all, so limitation periods do not apply.
If you are thinking of pursuing a claim for medical negligence compensation, resulting from the negligent medical treatment of your child, and want to discuss the process, then please do not hesitate to contact our friendly team of expert medical negligence solicitors. We offer advice at no cost to you, and of we think you have a claim worth pursuing, we will accept your instruction on a NO WIN NO FEE basis.
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