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Time limits are one of the most important things to understand if you have concerns about medical care. In Ireland, strict deadlines apply, and missing them can affect your position regardless of the underlying facts. This page explains the general rule and the main exceptions, for information only.
The general rule
Under the Statute of Limitations (as amended), proceedings in most personal injury and medical negligence matters must generally be commenced within two years. The clock usually runs from the later of the date of the act complained of, or the date of knowledge — the date you first knew, or could reasonably have known, the relevant facts.
Date of knowledge
The date of knowledge recognises that harm from medical care is not always obvious at the time. It generally refers to when you first had knowledge that you had a significant injury, that it was attributable in whole or part to the act complained of, and the identity of the relevant party. Because this can be a matter of fine judgement, it should be assessed by a solicitor on the specific facts.
Common exceptions
- Children: time generally does not begin to run until the person reaches 18.
- Incapacity: different rules can apply where a person lacks capacity.
These are general points only and do not cover every situation.
Why acting early helps
Even where time appears to remain, gathering medical records and obtaining an independent expert opinion takes time. Acting early gives a solicitor room to assess a matter properly before any deadline approaches.
How we can help
a solicitor you instruct can review your circumstances, help you understand which dates apply, and advise on next steps. Solicitors offer a confidential consultation, a records request and review service, and a preliminary merit assessment.
Read our guide to a confidential consultation with a solicitor of your choice or call 085 804 1664 to understand the time limits that may apply to you.
Frequently asked questions
How long do I have to take action in a medical negligence matter in Ireland?
In most cases, two years from the date of the act complained of or from the date of knowledge, whichever is later. The specific dates depend on your circumstances and should be confirmed by a solicitor.
What is the date of knowledge?
It is generally the date you first knew, or could reasonably have known, that you had a significant injury, that it was attributable to the act complained of, and the identity of the relevant party. It matters because harm from medical care is not always apparent immediately.
Do different time limits apply to children?
Generally, where the person affected is a child, time does not begin to run until they reach 18. Different rules can also apply in cases of incapacity. A solicitor can confirm what applies to a particular situation.