Tuesday, 2 March 2004

Questions (291)

Olivia Mitchell

Question:

377 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform if he will consider the request from Patient Focus to withdraw the proposal in the Civil Liability and Courts Bill 2004 to reduce the time limit for taking legal action in cases of medical negligence from three years to 12 months. [6556/04]

View answer

Written answers (Question to Minister for Justice, Equality and Law Reform)

The reduction in the time limit for bringing personal injuries actions from three years to one year, proposed in the Civil Liability and Courts Bill 2004, is intended to ensure that claims are brought forward without undue delay. There is no change in the law that the time limit begins to run from the date of accrual of the cause of action or date of knowledge of the injury, whichever is the later. Nor is there any change in the law providing for the extension of the limitation period in cases where the person having the right to bring the action is under a disability. I will consider the views expressed by Patient Focus on the matter and I look forward to a debate in the House on this and other issues in due course.