Have I Run Out Of Time To Claim For Cauda Equina Syndrome?

If your cauda equina syndrome was not appropriately managed, you could be entitled to pursue a claim for compensation. However, you only have a certain amount of time to bring a claim before the courts.

How much time for a medical negligence claim?

If you pursue a claim for cauda equina syndrome, you will be making a medical negligence claim. This is also known as a clinical negligence claim.

In England and Wales, the law stipulates that medical negligence claims must be made within three years of the negligent event. Therefore if you suffered from an act of medical negligence on 1st January 2014, you will have until 1st January 2017 to bring a claim.

It can be difficult to determine exactly when the negligence occurred in cauda equina claims. Generally speaking, it is the last possible opportunity that medical practitioners had to diagnose and treat your cauda equina syndrome, before your injuries became permanent.

What if three years has already passed?

The date by which you must bring a claim is called the ‘date of limitation’. If you exceed the date of limitation – i.e. three years has passed since the negligent event – you will not be able to pursue a claim. This applies even if you have evidently been the victim of medical negligence.

Are there any exceptions?

There are some circumstances in which this three year time limit does not apply.

Firstly, if the person making the claim (called the ‘Claimant’) lacks mental capacity, there will not be any time limit.

Secondly, if the Claimant was under the age of 18 when the negligence occurred, he/she will have until their 21st birthday to bring a claim. Therefore the three year time limit begins on their 18th birthday.

Lastly, if the Claimant was not aware of the negligence when it happened, it may be possible to rely upon a later date of knowledge. In such cases the three year time limit will commence from the date the Claimant acquired knowledge of the negligence. A solicitor will be able to suggest whether you can rely upon a later date of knowledge.

Do not delay

Because of the time restrictions involved, it is very important not to delay when seeking expert legal advice. If the date of limitation has expired, or is imminent, you may not be able to make a claim. This means you will miss out on the compensation you rightfully deserve.

To talk to a solicitor about making a claim for cauda equina syndrome, please contact us today.

Please call us free on 0800 234 3300, from a mobile click to call 01275 334030 or complete our Free Online Enquiry for a no cost, no obligation opinion.

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