Statute of Limitations

Definition

In Ireland, the statute of limitations for medical negligence claims is two years from the “date of knowledge” – the date an individual first becomes aware of their injury or illness. This date refers specifically to when the injured party recognises that they have sustained a significant injury due directly to someone else’s actions or inactions and identifies who is responsible. In certain cases, such as misdiagnosis, the realisation can occur significantly after the initial event, permitting claims to be pursued years later under this rule.

For minors, different time limits apply. A child cannot independently initiate a medical negligence claim until reaching the age of 18. Once they turn 18, they have two years to file a claim. Alternatively, a parent or guardian may commence proceedings on the child’s behalf before they reach adulthood, which can be beneficial for securing reliable evidence closer to the time of the incident.

Given the intricacies involved in these claims and the necessity of preliminary actions, those seeking to bring a claim should seek legal advice as early as possible. Early consultation with a solicitor can facilitate the timely initiation of legal proceedings, effectively pausing the limitation period.

Medical Negligence

The process for making a medical negligence claim differs from other personal injury claims and involves several key steps. First, the claimant must gather proof of negligence, including medical records and photos of any injuries. Claimants should consult an experienced medical negligence solicitor, as they will help navigate Ireland’s complex legal systems and make the initial contact with the medical professional involved. The solicitor will then work with a medical expert to examine the claimant’s records and possibly conduct further assessments to determine if substandard care caused the injuries. If negligence is confirmed, the claimant’s solicitor will issue a letter of claim to the relevant parties, potentially leading to a settlement without the need for court proceedings.

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John McCarthy

Partner

John, a seasoned solicitor with more than 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels. View John’s full profile here.

Have a question regarding a medical negligence matter? Contact John via email now.

Email John: john@mccarthy.ie