Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether he has made an assessment on the adequacy of the three-year time limit for medical negligence cases.

The Government believes the current 3 year time limit for bringing a medical negligence claim is fair and proportionate given the flexibility built into the legislation. This provides for the 3 year limitation period for personal injury claims to be waived by judges in appropriate cases using their discretion under section 33 of the Limitation Act 1980. Judges have guidance on what should be taken into consideration when considering applications for an extension.

In addition, the 3 year limitation period can apply in appropriate cases from the ‘date of knowledge’ of an injury (for example in the case of a delayed diagnosis) which can be later than the date of the alleged negligence.