Medical Negligence Statute of Limitations in Ireland
What is the medical negligence statute of limitations in Ireland?
The medical negligence statute of limitations in Ireland is legislation which imposes a two year time limit on those wishing to pursue a claim. This legislation ensures that those who make a claim will only be able to do so while there is still recent evidence. With regards to a medical negligence claim, the Irish the statute of limitations time limit will begin on the date that the cause of any medical consequences due to medical negligence a potential claimant has suffered is determined. It is not enough to have just experienced medical negligence to make a claim in Ireland; you will have had to suffered medical consequences — such as an illness, injury, or the deterioration of an existing condition – as a result.
There are certain exceptions to the time limit for medical negligence claims in Ireland; however these exceptions are quite rare. One of these exceptions to the medical negligence statute of limitations in Ireland is when the victim of negligence has been a child. The Irish statute of limitations does not apply in the same way when it comes to child injury claims. This is due to the fact that children are not permitted by law to pursue a claim on their own behalf or advise a solicitor. Therefore the usual time limit will not begin until they turn eighteen, meaning they will have until the age of twenty to make a claim. Other exceptions to the time limit include if the potential claimant has been left mentally incapacitated, or if a judge lengthens the amount of time permitted to pursue a claim if they consider it to be necessary.
Although the two years allow by the time limit for medical negligence to make a claim in Ireland may seem like a sufficient amount of time to make a claim, it is still advisable that you contact a medical negligence claims solicitor at the first possible moment because of the tendency for such claims to be complicated. Although the medical consequences you have suffered may clearly seem to be a result of negligence, this will have to be confirmed by an independent medical expert. A solicitor who has knowledge of your situation will be able to evaluate the strength of your potential claim and if they think that it is worth pursuing, they will present any relevant medical notes to a medical expert. This also applies to a child who may be eligible to claim compensation, although the time limit will not begin until they turn eighteen, it is always advisable to pursue a claim while evidence is still recent.
The information provided here regarding medical negligence statute of limitations in Ireland is by no means a substitute seeking professional legal advice at the first possible moment. Once you inform your solicitor of the circumstances in which medical negligence occurred and the subsequent impact it has had on your life, they will be able to advise you on whether or not pursuing a claim will be worth your while, in addition to informing you of how the statute of limitations may affect this claim.