You’ll normally have three years to make a claim from the date you became aware that you had been infected with C. difficile. However, there are some exceptions to this rule:
Children Under 18
If your child suffered because of negligence before they turned 18, you can make a claim at any time on their behalf. When your child turns 18, they’ll have to make their own claim and can do this at any point up until their 21st birthday.
Claiming For Someone Without Mental Capacity
When claiming on behalf of someone who doesn’t have mental capacity, the three year time limit doesn’t apply. This changes if the person who experienced negligence regains mental capacity, where they will then have three years from this date to make a claim.
If you contracted C. difficile while staying/visiting a hospital in another country, your claim might be subject to different time limits. Our experts can advise you on the different time limits which are in place overseas. You should contact us as soon as possible if you experienced negligent treatment abroad so you don’t miss your chance to claim.
If you’re claiming on behalf of a loved one who died because of a C. difficile infection, you’ll have three years from the date of the death to claim. If the cause of death wasn’t established until after a post-mortem, you’ll have three years from when you found out that medical negligence occurred.
If you have any concerns about the time limits for claiming compensation, we’ll be able to talk through your options in a free initial consultation.