If you are thinking about pursuing a claim for injuries caused by transvaginal mesh, it is vital to understand that strict time limits apply. The law in Ireland sets clear deadlines for taking legal action, and if you miss these, you may lose your right to claim, even if the harm you suffered is very real.
The standard limitation period for a medical negligence claim is two years. However, in mesh cases, when this two-year clock starts ticking is not always straightforward.
The time limit usually runs from the date of knowledge, the point at which you became aware, or reasonably should have been aware, that your injury was linked to medical negligence. For mesh injuries, this often does not happen at the time of surgery. Many women only discover years later that their pain or complications are caused by the mesh implant.
For example, symptoms such as chronic pelvic pain, urinary problems, sexual dysfunction or mesh erosion might be misdiagnosed for years. If you only recently learned that these symptoms were connected to your mesh surgery, the time limit typically starts from that point, not from the date of the operation.
There are special considerations to keep in mind:
- If the injured person was under 18 when the injury occurred, the two-year period starts from their 18th birthday.
- If someone lacks capacity to manage their legal affairs, the time limit may not run until capacity is regained.
This is why seeking early legal advice is critical. In mesh claims, establishing the correct date of knowledge requires careful legal analysis. Every woman’s case is different. At Crimmins Howard Solicitors, we take great care to examine your timeline and give clear advice on whether you are within time to claim.
It is also worth noting that even if your mesh was implanted some years ago, or if your complications began long after surgery, you may still be able to bring a case, provided you act swiftly once you become aware of the potential negligence.
If you have any concerns about whether your case is still within time, we are here to provide a confidential consultation and explain your options clearly.