Can I Still Make a Medical Negligence Claim After Three Years? | Nash & Co Solicitors
Written by Mike Shiers and Rebecca Brisley | Medical Negligence team | 19 May 2026
Many people are surprised to learn that there is usually a time limit for making a medical negligence claim. In most cases, you have three years to begin a claim. However, life after negligent medical treatment is rarely straightforward. People are often focused on recovery, caring responsibilities, work, grief or simply trying to process what has happened.
At Nash & Co, we regularly work with clients across Devon, Cornwall, Plymouth and the wider South West who are worried they may have left things too late. In some cases, they may have, but in other cases, there may still be options available.
If you are wondering whether you can still make a medical negligence claim after three years, this blog explains some of the most important exceptions to the usual rules and why it is always worth seeking advice.
What Is the Time Limit for Medical Negligence Claims?
In England and Wales, most medical negligence claims must be started within three years. This is known as the limitation period.
Usually, the three years runs from either:
the date the negligent treatment happened
the date you first realised that negligent treatment may have caused harm
The second point is often referred to as the "date of knowledge".
This is important because many people do not immediately realise that something went wrong. In some cases, it can take months or even years before the full impact becomes clear.
For example:
a delayed cancer diagnosis may only become apparent later
surgical complications may initially be explained as normal side effects
a birth injury may not be fully understood until a child develops further
This means the three-year period does not always start on the exact date of treatment.
Can I Claim for Medical Negligence After Three Years?
In some exceptional circumstances, it is still possible to claim after three years. Although there is a standard time limit, there are several exceptions where claims may still be possible.
Every situation is different, which is why speaking to an experienced medical negligence solicitor can help to clarify your position.
Exceptions to the Three-Year Time Limit
You only recently became aware of negligence
One of the most common exceptions involves the date of knowledge. You may only recently have discovered that:
your treatment fell below an acceptable standard
your condition should have been diagnosed earlier
a medical professional may have made a mistake
your ongoing symptoms are linked to previous treatment
This can happen in many different types of claims, including delayed diagnosis, cancer negligence, surgical negligence, GP negligence and birth injuries.
In these situations, the limitation period may begin from the point you first became aware there could have been negligence, rather than the original treatment date.
Claims involving children
Different rules apply for children. A child cannot usually bring a claim themselves before the age of 18, which means the three-year limitation period normally starts on their 18th birthday. In many cases, this means a claim can potentially be brought until the age of 21.
Parents or guardians can often begin a claim on behalf of a child before this point as a litigation friend. They can file it at any time before the child turns 18 but, if no claim is made, the child then has the standard time limit as described above.
Medical negligence claims involving children can include:
birth injuries
delayed diagnosis
failures in maternity care
brain injuries
orthopaedic injuries
failures in paediatric treatment
Cases involving Mental Capacity
If someone does not have the mental capacity to manage their own legal affairs, the usual three-year limitation period may not apply in the same way.
This can sometimes affect people living with:
serious brain injuries
learning disabilities
dementia
significant mental health conditions
These cases can be particularly sensitive and complex. Families are often dealing with difficult circumstances and, understandably, may not immediately consider legal advice.
At Nash & Co, we understand that these conversations can feel overwhelming. Our approach is always centred around clear guidance, transparency and compassionate support.
The Court’s Discretion
In some circumstances, the court has discretion to allow a claim to proceed outside the standard limitation period.
This is not guaranteed and courts consider several factors, including:
the reason for the delay
the availability of evidence
whether a fair trial is still possible
how the delay may affect both parties
These cases can be legally complex, but they are not impossible. This is why it is important not to assume that a claim cannot proceed simply because more than three years have passed.
Why Do People Wait Before Seeking Advice?
Many people delay seeking legal advice for completely understandable reasons. Often, they are focused on:
recovering physically or emotionally
caring for a loved one
continuing medical treatment
trying to understand what happened
worrying about making a complaint
uncertainty about whether negligence occurred
Others simply do not realise there is a time limit.
We frequently speak to people who say they spent years doubting themselves or trying to move forward before eventually deciding to ask questions.
Seeking advice does not commit you to making a claim. In many cases, an initial conversation simply helps people better understand what may have happened and whether there are any legal options available.
We offer a free, no obligation consultation, giving you the opportunity to discuss your circumstances, ask any questions and receive a balanced explanation of whether you may have grounds to claim with an experienced member of the team.
Do You Need Proof before Speaking to a Solicitor?
Many people believe they need medical records, expert evidence or proof of negligence before contacting a solicitor. This is not the case.
An experienced medical negligence solicitor can often help assess:
whether negligence may have occurred
what further information is needed
whether medical records should be obtained
whether the claim may still be within time
Your solicitor can obtain the information needed on your behalf, including medical records and other relevant evidence. This means you do not need to try to gather everything yourself before seeking advice.
As part of the process, your solicitor may also speak with independent medical experts. These experts play an important role in medical negligence claims. They help review the treatment you received and provide professional opinions on whether the care fell below an acceptable standard and whether this caused avoidable harm. Medical experts are independent from your legal team and provide impartial evidence based on their specialist knowledge and experience.
At Nash & Co, we aim to make these early conversations as straightforward and supportive as possible. We understand that contacting a solicitor about medical treatment can feel daunting and we always try to explain things in clear, practical language.
Is It Worth Enquiring Even If You Think It Is Too Late?
Even if you believe you may be outside the limitation period, it is often worth seeking advice.
We regularly hear from people who assumed:
too much time had passed
their experience was not serious enough
nothing could be done
they did not have enough evidence
In some cases, claims may still be possible and limitation rules can be more complicated than many people realise, particularly where the harm only became clear later.
Additional Support
We understand that cost can often a concern when people are first thinking about speaking to a solicitor. We are able to act on a no win, no fee basis, which means there is no financial risk to you in bringing a claim. We will always be transparent about funding from the outset so you understand exactly how things would work before you decide to proceed.
We also offer free, no obligation initial consultations with our medical negligence team. This is a chance for you to talk through what happened, ask any questions you may have and get a clearer understanding of whether there may be a potential claim. If we do not think there is a viable claim, we will tell you honestly and explain why.
Contact Us
If you are concerned about negligent medical treatment and are unsure whether you may still be able to make a claim, our medical negligence team is here to help. Speaking to a solicitor could help you better understand your options.
At Nash & Co, we support clients across Devon, Cornwall and Plymouth. We understand that every situation is personal and we believe in providing honest advice, clear communication and compassionate support from the outset.
You can get in touch with the team directly by calling 01752 827067 or emailing medneg@nash.co.uk.
