Dáil Éireann Debate, Tuesday - 12 February 2019
516. Deputy James Browne asked the Minister for Health if the period allowable for compensation claims for negligence within the health service will be extended from two to five years; and if he will make a statement on the matter. [7140/19]
Amharc ar fhreagraThe 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.
