Dáil Éireann Debate, Tuesday - 13 June 2023
899. Deputy Pa Daly asked the Minister for Justice his position in relation to establishing the three-year statute of limitations for medical negligence cases, in light of the difficulty getting doctors' notes and other necessary materials to launch an action. [27794/23]
View answerJustice Plan 2023 commits to legislating for new pre-action protocols in respect of clinical negligence to encourage early resolution of allegations of negligence, promoting timely communications between parties and reducing the number of clinical negligence actions which are brought, and to including these enabling provisions in a civil law miscellaneous provisions Bill.
By way of background, Part 15 of the Legal Services Regulation Act 2015 provides for the introduction of a pre-action protocol relating to clinical negligence actions. The pre-action protocol is to include requirements that must be complied with by the parties to clinical negligence actions before such actions are brought. The pre-action protocol will address issues such as access to medical records. In addition, Part 15 contains provisions which are incidental to the introduction of the pre-action protocol, including (in section 221) a limitation period of three years for an action claiming damages in respect of personal injuries in the case of a clinical negligence action.
In order to advance this and in keeping with the Justice Plan commitment, legislative amendments included in the Courts and Civil Law (Miscellaneous Provisions) Bill 2022, which is expected to be enacted by the summer recess, will address a technical error in Part 15 of the Act. The amendments will allow the pre-action protocol to be developed while also addressing the particular nature of settlements in respect of all clinical negligence cases.
Preparatory work for the introduction of a pre-action protocol for clinical negligence actions is ongoing between my Department and the Office of the Attorney General.
The proposed extension of the statute of limitations period can only occur after the introduction of the protocols. Further consideration will be required as to whether and when section 221 should be commenced, taking into account the ongoing examination and implementation of these measures.
