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The Irish Constitution provides that patients have the right to receive appropriate treatment that meets their needs and the right not to be unlawfully discriminated against on grounds of gender, race, disability, age, sexual orientation, religion, belief, gender reassignment, pregnancy and maternity. At P.A. Duffy and Co., we have specialised solicitors who are committed to ensuring our clients receive appropriate care and will bring a claim on your behalf if social services have failed to carry out an appropriate assessment or have failed to discharge their duties following an assessment.

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Legislative and Regulatory Protections

Human rights in health and social care are upheld through comprehensive legislation, regulatory oversight, and national policies. The Constitution provides a foundational basis for human rights, while specific laws such as the Health Acts and the Disability Act 2005 ensure access to necessary services and protect individuals' rights.

Regulatory bodies like the Health Information and Quality Authority (HIQA) and the Mental Health Commission set standards and monitor compliance to ensure safe, effective, and respectful care. Policies like the National Standards for Safer Better Healthcare and the National Consent Policy promote high-quality, patient-focused care and respect for patient autonomy.

Additionally, the Health Service Executive (HSE) and the Ombudsman for Children work to implement these standards and protect the rights of vulnerable populations, aligning with Ireland's commitments under international human rights instruments.

How our Expert Solicitors can help

Our experienced Human Rights Solicitors can act on your behalf to ensure that your rights are upheld. We have expertise in community care, patient rights and patient neglect. We have also been involved in several Judicial Reviews against health and social care authorities.

Speak to our Human Rights solicitors in Dungannon, Belfast and Dublin

For a consultation with one of our experts, call us on 028 8772 2102 (UK) or 01 533 7860 (IE). We will talk through your situation with you and discuss what the first steps are in bringing a case against the Health & Social Care services. We can also answer any questions you may have.

Alternatively, you can fill in our online Contact Form and we will ring you.

FAQs

What is the time limit to bring a claim against a public body?

The time limit for bringing a claim against the public health bodies, such as the HSE, typically depends on the nature of the claim. The primary legislation governing time limits is the Statute of Limitations 1957, as amended. Here are the main time limits relevant to claims against the public health bodies:

Personal Injury Claims: If the claim involves personal injury, such as medical negligence, the time limit is generally two years from the date of knowledge of the injury, as per the Civil Liability and Courts Act 2004. The "date of knowledge" is when the claimant becomes aware of the injury, its significance, and the link between the injury and the alleged negligence.
Contractual and Other Civil Claims: For other types of civil claims, such as breach of contract or general negligence that does not involve personal injury, the time limit is six years from the date the cause of action accrued.
Claims by Minors: If the claimant is a minor (under 18 years old), the limitation period does not begin to run until the minor reaches the age of 18. Therefore, they have until their 20th birthday to bring a claim.

It is crucial for individuals considering a claim against the Public Health Bodies to seek legal advice to ensure they act within the relevant time limits and understand how the statutes apply to their specific circumstances.

How do I bring a case against the Public Health Bodies?

To bring a claim against the Public Health Bodies, first, after a consultation with one of our expert solicitors, we will assess the validity of your claim and gather necessary evidence, such as medical records and expert opinions.

Next, we will send a letter of claim to the Body, outlining the details of the alleged negligence or wrongdoing and the basis for the claim. If the issue is not resolved through this preliminary communication, we may initiate formal legal proceedings by filing a claim in the appropriate court.

Throughout the process, adhering to procedural requirements and legal standards is crucial for the successful pursuit of your claim. Our Solicitors will be able to guide you through this process with ease.

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Our team of expert solicitors will be happy to assist you with your enquiry without any obligation to use our services. Contact us using your preferred method and we will gratefully assist.

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