What is the Medical Negligence Claims Time Limit?
Our People:
What is the time limit for a medical negligence claim?
If a claim is to be pursued, legal proceedings must generally be issued within 3 years from the date on which the cause of action is discoverable. For a person under a legal disability (e.g. under the age of 18 years or mentally impaired), legal proceedings must generally be issued within 6 years from the date of discoverability, although in certain circumstances the period can be to a maximum of 12 years from the actual date of injury.
What happens if medical negligence legal proceedings are not issued within this time?
If legal proceedings are not issued within time a potential claim may become barred unless a successful application is made to the Court for an extension of time. This can be expensive and the Court will not automatically extend time without good reason.
A cause of action is discoverable from the date on which the injured person (or alternatively the Guardian where the injured person is under a legal disability) ought to have known the following facts:
(i) that an injury has been sustained;
(ii) that the injury was caused by the fault of the Defendant;
(iii) that the injury was sufficiently serious to justify bringing legal proceedings.
A person must take reasonable steps to ascertain these facts and unreasonable delay may prevent a claim.
For advice contact Galbally & O’Bryan.
Contact us now, or email Nicholas O'Bryan directly at nobryan@galballyobryan.com.au.