Three Year Limitation for Medical Negligence

This advice follows a Shropshire Star report published earlier this year in which the care provided by the Ophthalmology Department at the Shrewsbury and Telford Hospital NHS trust was criticised by the Royal College of Ophthalmologists.

The review saw 17 serious incidents across the Department investigated, including some where reviews were not undertaken or where there was a delay in appointments being made.  These incidents subsequently led to ‘significant avoidable deterioration in vision’ for the respective patients.

Medical practitioners owe patients a duty of care, and if the standard of care falls below the appropriate level resulting in further injury or loss, then the NHS may be deemed liable.  If this is the case, the individual may wish to consider making a complaint directly to the NHS Trust.  However, if the individual is seeking financial compensation over and above an acknowledgement of accountability, then advice needs to be sought from a specialist solicitor.  

A solicitor can ensure that all such claims are submitted in a timely manner and that any exceptions to this are identified and exploited to the claimant’s benefit.  For example, such exceptions to the standard three year claim period may consider the fact that a patient was not aware of the negligence having occurred. 

If you have any questions or would like a consultation about any of the issues in this article, please call PCB Solicitors LLP’s Shrewsbury office on 01743 248148 and ask for Edmund Coxhead or Ryan Bickham, who would be delighted to assist. 

By Ryan Bickham