The current limitation period, in respect of a clinical negligence action, is 2 years from the date of incident giving rise to the claim or the date of knowledge i.e. when the injured person first learnt that his/her injury was related to the clinical negligence event.
I understand that Part 15 of the Legal Services Regulation Act, 2015, which provides for a pre-action protocol for use in clinical negligence cases, is set to amend the Statute of Limitations (Amendment) Act, 1991 in respect of clinical negligence actions by increasing the current 2 year limitation period to 3 years. This follows a recommendation made by the Working Group on Medical Negligence and Periodic Payments in 2012 while also being intended to enable potential claimants to engage in the new pre-action protocol process. Preparations for the commencement of Part 15 and the issue of the relevant regulations by the Minister for Justice and Equality are at an advanced stage.