Health Services: Negligence

(asked on 1st September 2025) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether she plans to (a) alter the statute of limitations and (b) review time limits for claims for (i) brain injuries and (ii) other lifelong conditions resulting from (A) medical and (B) clinical negligence.


Answered by
Sarah Sackman Portrait
Sarah Sackman
Minister of State (Ministry of Justice)
This question was answered on 4th September 2025

Limitation periods set statutory time limits within which a party must bring a civil claim, or give notice of a claim, to the other party in a dispute. For negligence resulting in personal injury (which would include clinical negligence claims) the limitation period is normally three years from the date of the alleged negligence or the date of the claimant’s knowledge of damage, whichever is later.

However, under Section 33 of the Limitation Act 1980, this period can be extended at the court’s discretion, if it appears that it would be equitable (fair and reasonable) to all parties to allow an action to proceed.

The Government has no plans to reform the law.

Reticulating Splines