1. Standard Time Limit: Two Years from Date of Knowledge

Generally, a medical negligence claim must be initiated within two years of when you know, or ought reasonably have known, that you suffered an injury due to negligence, or wrongdoing, be that due the practitioner’s actions, or omission to act.

2. Date of Knowledge

In certain cases, plaintiffs can rely on the ‘date of knowledge’ argument to extend this timeframe. In medical negligence cases, symptoms or consequences of negligence, may arise much later than the date of negligence. There have also been cases where patients have been misled by their practitioners who have convinced them that their adverse sequelae, or complications , are related to their illness, rather than due to a separate injury caused by negligence. In these cases, plaintiffs have been successful in convincing the Court that the two year timeframe ought to run from the date they received independent expert evidence linking their injury to negligence. 

Given the implications of the Court accepting a defendant’s argument that the claim is ‘statute barred’ or out of time, (i.e. compensation would not be payable where a Court accepts the argument that a claim is ‘out of time,’) it is always preferable to act expeditiously if you believe you have suffered injury due to medical negligence. 

3. Other exceptions :

Minors– if the case involves a minor patient (a child), then the  two-year limit usually starts from their 18th birthday (or their date of knowledge, if later), meaning that generally, such a plaintiff will have until the day before their 20th birthday to bring a claim.

Plaintiffs who lack capacity– In the case of a person with a disability, who lacks capacity, the two year timeframe does not run until the plaintiff  regains capacity to instruct a solicitor on their own behalf.

If you or a loved one have suffered injuries due to medical negligence, contact Brigid to discuss your concerns. Brigid O’Donnell Solicitor is a native of Cashel, Tipperary. She established Brigid O’Donnell Solicitors, with offices in Clonmel, Tipperary and Cork city in August 2023. She represents clients who have suffered injuries due to accidents, or medical negligence, nationwide. She is happy to facilitate remote consultations or to meet with clients at a time and place convenient to you, outside of office hours if required.