How Long to Claim for Medical Negligence in Scotland: A Comprehensive Guide


Medical negligence can have a significant impact on a person’s life, and it can be difficult to know where to turn when something goes wrong. If you’ve experienced medical negligence in Scotland, you may be wondering how long you have to claim compensation for your injuries. In this article, we’ll provide a comprehensive guide on how long you have to claim for medical negligence in Scotland.

Medical Negligence in the UK:

Medical negligence occurs when a healthcare professional breaches their duty of care to a patient, resulting in harm or injury. In the UK, medical negligence claims fall under the umbrella of personal injury law. Patients have the right to claim compensation if they have suffered harm as a result of medical negligence. Useful reference.

Medical Negligence in Scotland:

Medical Negligence in Scotland, medical negligence claims are subject to a different legal system than in the rest of the UK. The Scottish legal system operates on a different timescale to the rest of the UK, which means that the time limits for making a claim are different.
Time Limitations for Assembling a Medical Negligence in Scotland: In Scotland, the time limit for making a medical negligence claim is three years from the date of the incident or from the date that you became aware of the negligence. This is known as the limitation period.
If you’re under 16 years of age at the time of the incident, the three-year limitation period begins on your 16th birthday. If you’re claiming on behalf of someone who has died as a result of medical negligence, the three-year limitation period begins from the date of death.
It’s essential to note that there are some exceptions to the three-year time limit. For example, if you’re claiming on behalf of someone who is mentally incapacitated, there is no time limit for making a claim. Similarly, if you’re claiming for a child who has suffered a birth injury, the limitation period doesn’t begin until the child turns 16.

The Importance of Acting Quickly:

It’s important to act quickly if you’re considering making a Medical Negligence in Scotland. The longer you wait, the harder it may be to gather evidence and build a strong case. Memories fade, witnesses move away, and medical records may be lost or destroyed over time. In addition, the legal process can be lengthy, and it’s important to allow enough time to prepare and file your claim. If you miss the three-year time limit, you may be unable to claim compensation, so it’s essential to act quickly.

The Method of Making a Claim for Medical Negligence in Scotland:

If you’ve decided to make a medical negligence claim in Scotland, the first step is to contact a specialist solicitor. A solicitor with experience in medical negligence claims will be able to advise you on your options and guide you through the process. The solicitor will gather evidence to support your claim, including medical records, witness statements, and expert reports. They’ll then negotiate with the other party’s solicitor to reach a settlement. If a settlement can’t be reached, the case may go to court.
It’s important to mention that the process of making a Medical Negligence in Scotland claim can be lengthy, and it may take several months or even years to reach a resolution. However, a specialist solicitor will be able to provide you with guidance and support throughout the process.


If you’ve experienced Medical Negligence in Scotland, it’s important to know how long you have to claim compensation. The three-year time limit can be extended in some cases, but it’s important to act quickly to ensure that you don’t miss the deadline. Working with a specialist solicitor can help you to navigate the legal process and build a strong case for compensation. Check my Blog.