WHAT ARE THE TIME LIMITS FOR BRINGING A MEDICAL NEGLIGENCE COURT CASE IN IRELAND

In Ireland the law provides for certain legal time limits within which cases can be taken.

TWO YEAR TIME LIMIT

Proceedings must generally be issued within two years from the date of wrongdoing.

Cases taken after this point in time become ‘Statute Barred’, and are legally disallowed from proceeding further.

EXCEPTIONS

          1. DATE OF KNOWLEDGE

There are exceptions to this general two year rule, one of them being that the two years is  deemed to run from the date of knowledge of negligence, where the negligence is not immediately apparent.

The date of knowledge of negligence can often arise in a fatal case, where a person dies because of query medical negligence.  It is important to note that the two years begins to run, not necessarily from the date of death.

If the knowledge of the negligence is earlier then the two years begins to run from then.

These date of knowledge cases  however are not straight forward in our experience and it would be important to get advice from a solicitor specialising in medical negligence to best advise where the two year primary period has expired.

2. INJURED PARTY IS UNDER 18

Another exception is where the injured party is a Minor, namely is under the age of 18.

The two years will only begin to run against the Minor when he/she reaches the age of 18 and when he/she can bring a claim in his/her own name before his/her 20^th birthday (i.e. he/she has two years post attaining his/her majority within which to claim).

I should add that if any potential Defendant suffers prejudice by reason of delay in launching proceedings they can seek to halt the proceedings on the basis of delay.

3. LACK OF MENTAL CAPACITY

Where an injured party lacks mental capacity to manage his/her affairs,  then the time limit may be suspended for the duration of the incapacity.

4. STOPPING THE CLOCK

We in the Medical Negligence Department here in Cantillons often meet clients where the two year time limit is close to expiring.

This is entirely understandable.

Many of our clients have sustained serious, life changing injuries following treatment/surgery etc in hospital .

Their focus was on getting better rather than on litigation.

We can assist in stopping the time running  any further against a client by drafting and issuing a protective writ in the Central Office of the High Court.

In summary, time limits are very strict here in Ireland and can be complicated and fact specific so it is  important to get advice from a solicitor specialising in this complex area of litigation, such as the Medical Negligence Team here in Cantillons.

Contact us at Cantillons Solicitors at +353 (0)21 4275673 or info@cantillons.com if you would like more information.

*“In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.”