In accordance with the Irish Statute of Limitations, the time limit for claiming for medical negligence in hospitals in Ireland is two years. The date that this time limit will begin will be dependent on the manner of medical consequence that you suffered as a result of medical negligence. For example, if you had the wrong leg amputated it is likely that the time limit would begin almost immediately. However, if you contracted some kind of infection, the time limit would begin not on the day that it was diagnosed, but the day in which it is determined that the infection was caused by medical negligence.
There are a number of exceptions to the time limit for claiming compensation for hospital negligence in Ireland, however they are quite rare. The main exception would be if a child was in need of compensation for medical negligence in hospitals. In this case, the two year time limit would not begin two years from the date in which the cause of negligence has been determined, but on their eighteenth birthday.
This is because under UK law, children are seen as minors and as such, they are not permitted to pursue a claim on their own behalf or advise a solicitor. If it is necessary for a claim to be made before a child’s eighteenth birthday, then the child’s parent or legal guardian could represent them as their “next friend” and initiate a claim on their behalf.
Other exceptions to the time limit for making a claim for medical negligence in hospitals in Ireland would be if a person was rendered mentally incapacitated as a result of negligence, or if a judge allowed an extension of the time limit. This would only occur if it were an instance where the judge considered it to be absolutely necessary. A solicitor who has been informed of the particular circumstances of when you experienced hospital negligence in Ireland will be able to advise you further on these exceptions to the Statute of Limitations time limit and how it may affect your claim.
Although two years may seem like a sufficient amount of time to claim compensation for medical negligence in hospitals, it is still advisable to contact a medical negligence claims solicitor at the first available opportunity so that a claim can be pursued while there is still recent evidence. Furthermore, medical negligence claims can be complex due to how difficult it can be to establish negligence in addition to the fact that a claim cannot be made unless a medical consequence — such as an illness, injury or the deterioration of an existing condition — has been suffered as a result. By speaking with a solicitor you will be able to find out the viability of your claim and whether or not it is worth pursuing.
The information provided in this article regarding medical negligence in hospitals in Ireland and the Irish Statute of Limitations time limit is merely a general overview. It is not an alternative to the specific legal information a solicitor will be able to provide. Therefore it is in your best interest to contact a solicitor at the first possible moment to discuss your claim.