Is there a statute of limitations for medical negligence?

What the Law Says

The time limit for bringing a medical negligence claim in Ireland is set out in the Statute of Limitations 1957. It applies to actions founded on tort — including negligence — and sets strict deadlines for initiating legal proceedings.

Under Section 11 of the Statute of Limitations 1957, a person has 2 years to start legal proceedings for personal injuries caused by negligence, including medical negligence.

The 2-year period begins either from the 'date on which the cause of action accrued' (usually the date of the negligent act or omission) or, if later, from the 'date of knowledge' — meaning when the injured person first knew, or ought reasonably to have known, that the injury was significant, attributable to the act/omission, and that the defendant was identifiable.

For minors (under 18), the limitation period does not begin until they turn 18 — so they have until age 20 to issue proceedings, unless a court grants permission to extend time in exceptional circumstances.

Statutory Text

An action founded on tort shall not be brought after the expiration of two years from the date on which the cause of action accrued or, if later, from the date of knowledge.

— Statute of Limitations 1957, s. 11 — Actions in respect of personal injuries

What to Do

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