Time Limits for Claiming
The Limitation Act 1980 sets the deadlines for bringing a dental negligence claim. The rules are strict — but they are less rigid than they look.
Three years from the date of knowledge
Adult patients have three years to bring a claim — running from either the date of the negligent treatment or the date you first realised (or reasonably should have realised) that something had gone wrong.
Until their 21st birthday
For dental negligence suffered as a child, the three-year clock does not start until the patient's 18th birthday — so claims can be brought up to their 21st.
No limit while capacity is impaired
Where a patient lacks the mental capacity to bring a claim themselves, the limitation period does not run until — and unless — capacity is regained.
Why acting early always helps
Records are easier to obtain, memories are fresher and experts more confident. Waiting rarely helps a case, and often hurts it.
