Plea on time limit for taking negligence cases
The new Civil Liability and Courts Bill 2004, due to go before the Senate soon, provides for the reduction of the limitation period for personal injuries actions from three years to one year.
The bill is aimed at tackling the compensation culture and reducing insurance costs. When it was first published, Justice Minister Michael McDowell said the change "is intended to ensure claims are brought forward without undue delay." However, Patient Focus has written both to Mr
McDowell and a number of senators expressing concern that time pressure would result in cases being initiated before the full facts are established, due to the delays people face in seeking their medical records or a proper explanation about what happened to them. "Out experience tells us that people do not pursue medical negligence claims for compensation rather their original need is for an explanation of their difficulties," said Sheila O'Connor of Patient Focus.
"It is only when they are not satisfied by this process in some way, or feel barriers are placed in their way that patients or their families seek legal advice," she said.
Mr McDowell said he will "reflect" on such concerns, but said the new one year limit would run, not from when the negligence occurred, but from the date on which the victim had knowledge about it.
"How would the lapse of another two years make it clearer to one, having had all the knowledge in one's mind," he said.
