Medical Negligence *

An injured part has two years to make a medical negligence claim. This two year period will run from the date the cause of action accrues or from the “date of knowledge”. 

Essentially, the date of knowledge is the date you know you were injured, the injury was significant, the injury was attributable to negligence and you know the identity of the defendant. The date of knowledge includes when you might reasonably have been expected to acquire the knowledge from facts available to you, but you will not be fixed with knowledge of a fact you could only know with the help of expert advice so long as you have taken all reasonable steps to obtain and act on that advice.  

The date of knowledge is not always straightforward. You should consult a solicitor to see if you have a claim. 

If the injured party is under 18 then this two year time limit runs from the day they attain the age of 18. In most circumstances it is advisable that a claim is brought on behalf of a minor child by their parent or guardian while they are still a minor. This is because it is easier to obtain records/medical reports and other kinds of evidence at an early stage. Padhraic Harris & Co. Solicitors can advise you in this area.

If you believe that you have a medical negligence claim it is important to contact Padhraic Harris & Co. Solicitors as soon as possible so that we can identify any important dates and time limits that need to be complied with in order to make a claim. 

Unlike for other personal injuries, medical negligence claims are not submitted to the Personal Injuries Assessment Board (PIAB).

Before initiating a Medical Negligence Claim you need to obtain an expert medical report. This report is prepared by an independent medical expert and must express a view that there are reasonable grounds for proceedings. To obtain this report your solicitor will first need to obtain your medical records.

Medical negligence is also referred to as clinical negligence and is defined in the  Civil Liability and Courts Act 2004 as ‘’anything done or omitted to be done in the provision of a health service by a health service provider in circumstances which could give rise to liability for damages for negligence in respect of personal injury or death’’.

If you are concerned you have suffered as a result of medical malpractice or clinical negligence, speak to Claire, Padhraic or Adrian of this office. As the Statute of Limitations for such actions is strict, you should do this as soon as possible.

Can include various members of the medical profession, either in the private or public sector, including:

1. Doctors
2. Nurses
3. Dentists
4. Opticians
5. Surgeons
6. Medical Consultants 

1. Private and public hospitals and maternity hospitals
2. Dental Surgeries
3. Opticians
4. GP Practices