The time-limit for issuing proceedings in a professional negligence case is six years from the date on which the negligent act occurred.

No, unlike other claims for person injuries arising out of negligence, a claim for professional negligence is not submitted to the injuries board. Most claims for professional negligence are processed either through the Circuit Court or the High Court depending on the level of damages anticipated in each case.

The High Court has made it very clear that an independent expert report should be obtained before issuing proceedings for professional negligence. While this is an expense at the very beginning of the case, it does have the advantage of confirming whether you have a good case or not. It is better to sustain the cost of an independent expert report and find out that you have no case at an early stage rather than finding out that you have no case when you’re on the steps of court having incurred substantial legal costs.

The plaintiff’s damages may include compensatory and punitive damages. In a  negligence case, the court will be strictly concerned with pure economic or financial loss. Punitive damages (also known as exemplary damages) are only awarded in the event of wanton and reckless conduct.