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Birth Injury Claims

Birth Injury Claims

Time Limits for making a Birth Injury Claim

If you want to make a claim, please be aware that there are strict time limits in force.

Mothers

Any claim for medical negligence must be brought within 3 years of the negligence, usually the date of your child’s birth (or within 3 years of the date of knowledge if that is later).

If proceedings are not brought within the 3 year period then you will be statute barred from bringing a claim for medical negligence.

Children

Any claim for medical negligence involving a child must be brought within 3 years of that child’s 18th birthday.

However, in cases where a child has suffered severe brain damage then the limitation period may not apply as a result of their limited capacity.

Whilst the Courts do have a discretion to dis-apply the time limits, these powers are rarely used.

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