STATUTE OF LIMITATIONS IN MEDICAL NEGLIGENCE CASES

We had two new clients contact the office this week seeking advice in relation to medical negligence claims. Both of these clients are facing different challenges in relation to the strict two year time limit for issuing any proceedings. 

One client unfortunately appears to have followed up on her concerns too late. On initial investigation, we believe she may be outside the time limit to issue any proceedings, despite there being some serious questions in relation to treatment received back in 2010 prior to suffering a debilitating stroke. Another client came to us two days before the claim was out of time. Fortunately we were able to prepare the proceedings in time and issue them in order to protect her position and allow time for us to make further investigations into her treatment at a Dublin maternity hospital. We are now proceeding to obtain a medical report and medical records to investigate further. 

The legislation in relation to the statute of limitations is very unforgiving in medical negligence cases. It is absolutely essential that a possible claimant seeks legal advice at the earliest opportunity in circumstances where they have a suspicion that there was wrong doing. For further details on how the statute of limitations applies, see our earlier post here.

Rebecca Keatinge

Brophy Solicitors

Some Pointers on Personal Injuries Claims

PERSONAL INJURIES CLAIMS

Here are a few points you might be interested in concerning any claim that might be made following an injury.

·    Generally speaking, proceedings must issue within two years of the date of an accident otherwise your claim will be statute barred.

·   With certain exceptions, all claims must first be submitted to the Personal Injuries Assessment Board (PIAB).

·    The two year rule referred to be above can be extended where the injury occurred to somebody under the age of 18 and can also be extended if you did not know or could not reasonably have known that you were injured at a particular time (particularly relevant in medical negligence claims).

·    If either party is unhappy with an award made by PIAB, they can pursue their claim through the court system.

·    To get an idea how much your claim is worth, go to the Book of Quantum on the PIAB website. Although the Book of Quantum was prepared in June 2004, thanks to the recession, it is still fairly accurate.

Give me a ring or email me if you need any further information.

Kevin@brophysolicitors.ie

04.02.11