Prescription

When deciding to proceed with a medical negligence claim you need to remember that all claims are subject to a prescriptive period. The General Rule is that you have three years from the date the debt became due i.e. three years from the date of the alleged negligent act or knowledge of the Defendant. There are exceptions to this for example, prescription does not run against minor children, mentally incapacitated persons or persons under curatorship. In respect of minor children prescription begins to run when the minor child reaches the age of majority.

However, the issue of prescription of claims is complex and, in some cases, a person may still be able to claim after the three-year period. An attorney can advise you on the validity of a claim, given applicable time limits

Prescription

When deciding to proceed with a medical negligence claim you need to remember that all claims are subject to a prescriptive period. The General Rule is that you have three years from the date the debt became due i.e. three years from the date of the alleged negligent act or knowledge of the Defendant. There are exceptions to this for example, prescription does not run against minor children, mentally incapacitated persons or persons under curatorship. In respect of minor children prescription begins to run when the minor child reaches the age of majority.

However, the issue of prescription of claims is complex and, in some cases, a person may still be able to claim after the three-year period. An attorney can advise you on the validity of a claim, given applicable time limits