In Scotland, you normally have three years to raise a medical negligence claim in court. The three years usually run from the date of the injury, but they can start later if you did not know, and could not reasonably have known, that you had been harmed by poor treatment. Different rules apply to children, to adults who lack capacity and to families claiming after a death.
Time limits are the single most common reason that valid claims fail. The rules are found in the Prescription and Limitation (Scotland) Act 1973, and they are stricter than many people expect. This guide explains how the three-year period works, when the clock starts, the exceptions and what you should do now if you think something went wrong with your care.
The basic rule: three years
Section 17 of the 1973 Act says a claim for personal injury, which includes injury caused by medical negligence, must be commenced within three years. "Commenced" means court proceedings must be raised and served within that period. Writing to the health board, making a complaint or instructing a solicitor does not stop the clock on its own.
The three years run from the later of two dates:
- The date the injury was sustained, or where the negligence was a continuing act or omission, the date it stopped.
- The "date of knowledge", which is the date you became aware, or could reasonably have become aware, of the facts needed to bring a claim.
Important: the three-year limit applies to raising court proceedings, not to making a complaint. Many medical negligence claims settle without a court hearing, but your solicitor still needs enough time to investigate, obtain expert evidence and raise an action before the deadline if the claim has not settled.
When does the clock start? The date of knowledge
Medical harm is not always obvious. A missed fracture, a delayed diagnosis or a surgical error may only come to light months or years later. The law recognises this. Under section 17(2)(b), the three years can start from the date you became aware of all three of these facts:
- That the injury was serious enough to justify bringing a claim for damages.
- That the injury was caused in whole or in part by an act or omission, for example a failure to refer, a misread scan or a mistake during surgery.
- That the person or organisation you would claim against was responsible for that act or omission.
The date of knowledge is not simply the date you personally found out. The Act also asks when it would have been reasonably practicable for you to become aware of those facts. If there were clear warning signs that a reasonable person would have investigated, a court may decide the clock started earlier than you think. That is why it is unwise to rely on a late date of knowledge without advice.
An example
Suppose a GP failed to refer a patient with worrying symptoms in March 2024. The patient was eventually diagnosed in January 2025, and a consultant mentioned in May 2025 that earlier referral would probably have made a difference. Depending on the facts, the date of knowledge might be argued to be May 2025, giving a deadline in May 2028. A defender might argue it was earlier. The safest course is to work from the earliest possible date.
Exceptions to the three-year rule
Children
Time does not run while the injured person is under a legal disability because of their age. In Scotland, a young person gains legal capacity to raise a court action at 16, so the three-year period usually starts on their 16th birthday. In practice, this means a claim for an injury suffered in childhood can normally be raised up to the age of 19. Parents can also raise a claim on a child's behalf at any time before then, and it is often better to do so while the medical records and witnesses are still available.
Adults who lack capacity
Section 17(3) also disregards any period during which the injured person lacks capacity because of "unsoundness of mind". If a person has a brain injury or a condition that means they cannot manage their own affairs, the three-year period may not run until capacity is regained, if it ever is. These cases need careful advice, and a guardian or attorney may be able to act for the person.
Claims after a death
If a patient died because of negligent treatment, section 18 of the Act gives close relatives three years from the date of death to raise a claim, or from a later date of knowledge if they did not know that negligence was involved. Relatives can claim for loss of financial support, funeral costs and a "loss of society" award reflecting their grief and the loss of the relationship under the Damages (Scotland) Act 2011.
The court's discretion
Section 19A allows the court to let a claim proceed out of time if it considers it equitable to do so. The court weighs up the reasons for the delay, the prejudice to each side and the strength of the claim. This is a safety net, not a strategy. Courts do refuse these applications, and arguing about time bar adds cost and uncertainty. Never assume the court will help.
Do NHS complaints pause the time limit?
No. The NHS Scotland complaints procedure runs separately from the legal time limit. A health board aims to respond to a stage 1 complaint within five working days and to a stage 2 investigation within 20 working days. If you remain unhappy, the Scottish Public Services Ombudsman (SPSO) can look at the complaint, but it normally will not consider events you became aware of more than 12 months before you complained to it.
A complaint can produce useful explanations and an apology, and NHS bodies in Scotland have an organisational duty of candour when something goes wrong. But the three-year legal clock keeps running throughout. If you are thinking about a claim, take legal advice at the same time as, or before, you complain.
How long does a medical negligence claim take?
Medical negligence claims usually take longer than other injury claims. Your solicitor will need your full medical records, independent expert reports on whether the care fell below an acceptable standard, and evidence on what difference the error made. Claims against NHS Scotland are handled by the Central Legal Office, which also investigates in detail. Straightforward claims may settle in 18 months to two years; complex cases involving serious injury can take considerably longer.
Because the investigation alone can take many months, a solicitor will want to start as early as possible. Firms are often reluctant to take on a claim with only weeks left before the deadline, because there is not enough time to obtain the expert evidence needed to raise a properly supported action.
How are claims funded?
Most medical negligence solicitors in Scotland work on a "no win, no fee" basis through a success fee agreement. Since April 2020, the success fee in personal injury cases has been capped at 20% of the first £100,000 of damages, 10% of the next £400,000 and 2.5% of damages above £500,000. Qualified one-way costs shifting, which has applied in Scotland since June 2021, generally protects injured people from paying the other side's legal expenses if a claim fails, unless the claim was fraudulent or the conduct was manifestly unreasonable.
What to do now
- Write down the key dates: when you were treated, when things went wrong, and when you first learned that the care may have been at fault.
- Request your medical records. You can ask the GP practice or health board for a copy free of charge under data protection law.
- Keep everything: letters, appointment cards, prescriptions, photographs and notes of conversations.
- Speak to a specialist solicitor early. Ask them to confirm the earliest possible deadline in writing.
Our independent comparison of the best medical negligence solicitors in Glasgow explains which firms handle clinical negligence work and how they are recognised. For accidents outside a medical setting, see our ranking of personal injury solicitors in Glasgow.
Frequently asked questions
What is the time limit for a medical negligence claim in Scotland?
You normally have three years to raise court proceedings. The three years run from the date of the injury or, if later, the date you knew or could reasonably have known that the injury was serious, was caused by an act or omission and who was responsible.
Can I claim for medical negligence after three years?
Possibly. The clock may have started later because of the date of knowledge rule, or the court may allow a late claim under section 19A of the Prescription and Limitation (Scotland) Act 1973. Neither is guaranteed, so take advice quickly.
What is the time limit for a child's medical negligence claim?
Time does not run until the child turns 16, so a claim can usually be raised up to their 19th birthday. A parent can raise a claim on the child's behalf before then.
Does making an NHS complaint stop the time limit?
No. The three-year limit keeps running while a complaint is investigated. Take legal advice alongside any complaint.
How long do families have to claim after a death caused by negligence?
Relatives normally have three years from the date of death, or from a later date of knowledge, to raise a claim under section 18 of the 1973 Act.
Does the time limit stop when I instruct a solicitor?
No. Only raising and serving court proceedings stops the clock. Your solicitor will either settle the claim or raise an action before the deadline.
Conclusion
So, how long do you have to make a medical negligence claim in Scotland? Usually three years from the injury or from the date you knew, or should have known, that negligent care caused it. Children usually have until 19, and the clock may not run for adults who lack capacity. The court can allow late claims, but only in limited circumstances.
Medical negligence investigations take time, so the best advice is to act early. Compare the leading medical negligence solicitors in Glasgow and ask them to confirm your deadline at the first meeting.