When something goes wrong during a medical treatment, many people think they can still file a claim at any time. In reality, even for medical errors there is a statute of limitations: after a certain period, the right to hold the doctor or hospital liable expires.

In this blog, we explain step by step how the statute of limitations works in medical liability cases, when the limitation period starts to run, how you can interrupt the limitation period, and why acting quickly is essential.

What does the statute of limitations mean in medical error cases?

The statute of limitations means that your right to compensation is lost after a certain time.
The idea behind this is legal certainty: a doctor or hospital should not endlessly run the risk that someone files a claim decades later.

At the same time, medical harm often only visible after a long time. Think of an error during surgery, a missed diagnosis or incorrect medication use. That is why it is important to know when the clock starts ticking.

How long is the limitation period?

In civil law, two periods apply:

1. A period of five years
   This starts to run from the moment you know – or could reasonably know – that you have suffered harm and who is liable for it.

2. An absolute period of twenty years
   This begins to run from the day on which the medical error occurred, regardless of when you discover the damage.

After those twenty years, the right to compensation expires definitively, even if you only discover the error later.

When does the period start to run?

The moment of ‘awareness’ is often a subject of debate.
The judge looks not only at what you actually knew, but also at what you could reasonably have known.

Some examples:

• You only discover years after a surgery that a medical error was made, for example because a medical device was placed incorrectly. The limitation period then starts running from the moment you understand that your symptoms may have been caused by that error.

• You know that you have damage, but not yet that it arose from negligent medical treatment. In that case, the limitation period has not yet begun.

• You suspect that something went wrong, but do not yet know who is responsible. Even then, the limitation period may not yet have started.

In short: as long as you do not know – or could not reasonably have known – that there was an error, the limitation period remains paused.

How judges handle limitation periods in medical error cases

Case law has repeatedly emphasized that patients should not be judged too strictly when determining the moment at which the limitation period begins.

The idea behind this is that medical errors often come to light only much later.
For example, in several cases it was held that the limitation period only began to run when the patient was actually able to recognize the error and take legal action.

It is important that there is only “awareness” once the patient has sufficient knowledge of:

• the nature of the damage;

• the possible medical cause; and

• the identity of the person who may be liable.

If you do not yet have that knowledge, your claim is not yet time-barred.

How do you prevent your claim from becoming time-barred?

As soon as you suspect that something has gone wrong, it is wise to to interrupt the limitation period.
You do this by a written interruption notice to be sent to the healthcare provider or their insurer. In this letter, you state that you reserve the right to claim damages.

After such an interruption begins a new period of five years to run.
This keeps your rights secure, even if the investigation into the medical error is still ongoing.

The absolute limitation period of twenty years

In addition to the relative period of five years, there is a hard limit of twenty years.
After that period, the claim can no longer be brought—even if the error is only discovered later.

Only in very exceptional situations, such as deliberate deception or the withholding of information by the doctor, can an exception be made to this time limit.

What if the statute of limitations has expired?

If the period has expired, the healthcare provider or insurer can invoke the statute of limitations.
In that case, your claim will no longer be assessed on its merits, even if a medical error can be proven.

Therefore, it is crucial to seek timely legal advice as soon as you suspect that something has gone wrong. A lawyer can help preserve your rights by tolling the statute of limitations or formally asserting liability.

Why legal assistance is essential

Medical liability cases are complex. Limitation periods often continue to run while the investigation into the cause of the damage is still ongoing.
A lawyer can assess:

• whether the limitation period has already started to run;

• whether the period can be interrupted;

• and how best to record that.

At Arslan Advocaten we ensure that no deadline passes unnoticed.
We establish liability correctly, engage medical experts, and – if necessary – send the appropriate interruption notices in time.

Our assistance is free of charge for victims, because the costs are recovered from the liable party.

Why choose Arslan Advocaten?

• Specialized in medical liability and personal injury

• Expert in limitation periods, tolling, and evidence

• Collaboration with experienced medical advisors

• Free legal assistance for victims

At Arslan Advocaten, your recovery and right to compensation are central. We ensure that you do not lose your rights due to limitation periods and guide you from start to finish.