The general guideline for filing a medical negligence claim is within two years from the instance of the alleged malpractice. Exceptions to this standard do exist, which can depend on various factors like the victim’s age and the date of discovery of the negligence. Below is a comprehensive breakdown of these time limits.
When the Clock Starts Ticking: Recognising the Date of Knowledge
Typically, the time limit for initiating a medical negligence lawsuit is two years minus a day from when the victim becomes aware of the alleged negligence. This “date of knowledge” encompasses the day you realise:
- You’ve sustained an injury
- The injury has considerable consequences
- Medical negligence caused the injury
- The party at fault is identifiable
Special Considerations in Ireland: Date of Discovery
It’s possible that the victim is not immediately aware that negligence has occurred. In these instances, the time frame starts two years minus a day from when the negligence is discovered. This could happen, for instance, during a follow-up medical appointment or upon reviewing medical records. Essentially, the time limit begins when you either know or should have known about the negligence.
Specifics for Minors: How Age Affects Time Limits
For individuals under 18, the rules vary. Minors can initiate a claim upon turning 18 and have two years less a day from that point to file. However, a parent or guardian can act on their behalf earlier under the “next friend rule.” Court approval is required for any settlements, which are then stored in the Accountant’s Office of the High Court until the minor turns 18.
Accommodations for Disabled Individuals
If the victim was disabled when the right to action was either accrued or discovered, they have up to two years from the time they cease to be disabled or pass away to initiate legal proceedings—regardless of the standard two-year time frame.
Time Constraints for Fatal Injuries
For wrongful acts leading to death, such as medical negligence, dependents of the deceased have the right to action. They have up to two years from the date of death or their date of knowledge to initiate the claim. Only one claim may be filed in such cases.
Advantages of Timely Action
Acting promptly on a claim is crucial. Delays can compromise the availability of witnesses and the clarity of memories, making it challenging to establish a robust case. The courts also possess the discretion to dismiss claims due to unjustifiable delays, even if filed within the relevant time frame.
Legal Proceedings: The Only Way to Pause the Timer
In the case of medical negligence, the Injuries Board does not assess claims. Hence, issuing legal proceedings is the only method to halt the running of the time limit.
By understanding these various factors, you’ll be better equipped to navigate the intricate landscape of medical negligence claims.
