When something goes wrong during a medical treatment, many people think they can file a claim at any time. In reality, a limitation period also applies to medical errors: after a certain time, the right to hold the doctor or hospital liable expires.
In this blog, we explain step by step how limitation works in medical liability cases, when the term starts to run, how you can interrupt limitation and why acting quickly is essential.
What does limitation mean in medical errors?
Limitation means that you lose your right to compensation after a certain time.
The idea behind this is legal certainty: a doctor or hospital should not be endlessly exposed to the risk of someone filing a claim after decades.
At the same time, medical damage often only becomes visible after a long time. Think of a mistake during an operation, a missed diagnosis, or incorrect medication use. Therefore, it is important to know when the clock starts ticking.
How long is the limitation period?
In civil law, two terms apply:
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A term of five years
This starts to run from the moment you know – or could reasonably know – that you have suffered damage and who is liable for it. -
An absolute term of twenty years
This starts to run from the day the medical error occurred, regardless of when you discover the damage.
After those twenty years, the right to compensation definitively expires, even if you only discover the error later.
When does the term start running?
The moment of ‘knowledge’ is often a subject of discussion.
The judge does not only look at what you actually knew, but also what you could reasonably have known.
Some examples:
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You only discover years after an operation that a medical error has been made, for example because a medical aid has been incorrectly placed. The term then starts to run from the moment you understand that your complaints may have been caused by this error.
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You know you have suffered damage, but not yet that this has arisen from negligent medical action. Then the limitation period has not yet started.
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You suspect something went wrong, but don’t yet know who is responsible. Even then, the term may not have started yet.
In short: as long as you do not know – or could not reasonably have known – that there was a mistake, the limitation period remains at a standstill.
How judges handle limitation in medical errors
In case law, it has been frequently stressed that patients should not be judged too harshly in determining the moment when the limitation period begins.
The idea behind this is that medical errors often only come to light much later.
In several cases, it was ruled that the limitation period only started running when the patient was actually able to recognise the mistake and take legal action.
It is important to note that there is only ‘knowledge’ when the patient has sufficient knowledge of:
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the nature of the damage;
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the possible medical cause; and
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the identity of the potentially liable person.
If you do not yet have this knowledge, your claim has not yet expired.
How can you prevent your claim from expiring?
As soon as you suspect something went wrong, it is wise to interrupt the limitation.
You do this by sending a written limitation letter to the health care provider or their insurer. In this letter, you state that you reserve the right to claim compensation.
After such a stoppage, a new five-year term begins to run.
This way you keep your rights safe, even if the investigation into the medical error is still ongoing.
The absolute term of twenty years
In addition to the relative five-year term, there is a hard limit of twenty years.
After that period, the claim can no longer be made – even if the error is only discovered later.
Only in very exceptional situations, such as in the case of deliberate deception or withholding of information by the doctor, can this term be deviated from.
What happens if the limitation period has expired?
If the term has expired, the health care provider or insurer can invoke limitation.
In that case, your claim will no longer be considered substantively, even if a medical error has demonstrably been made.
Therefore, it is crucial to seek timely legal advice as soon as you suspect something went wrong. A lawyer can help to preserve your rights by interrupting the limitation period or formally holding liability.
Why legal help is essential
Medical liability cases are complex. The limitation periods often run while research into the cause of the damage is still ongoing.
A lawyer can assess:
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whether the limitation period has already started;
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whether the term can be interrupted;
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and how you can best record this.
At Arslan Lawyers, we make sure that no single term goes unnoticed.
We correctly establish liability, engage medical experts, and submit the necessary limitation letters on time, if necessary.
Our help is free of charge for victims, as the costs are charged to the liable party.
Why choose Arslan Lawyers?
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Specialised in medical liability and personal injury
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Expertise in limitation, interruption and proving cases
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Collaboration with experienced medical advisors
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Free legal assistance for victims
At Arslan Lawyers, your recovery and right to compensation is central. We ensure that you do not lose any rights due to limitation and guide you from start to finish.
