3 Facts About the Statute of Limitations (Canada Medical Malpractice)


If you have ever been involved in any medical malpractice case, then you should know by now that these cases are always very complex, time-consuming and very difficult. Many medical malpractice lawyers Toronto explain to their clients all the details about their medical malpractice lawsuits. You will also notice that none of these cases are ever the same; each one of them is usually different from the other. There is the Canadian Medical Protective Association, which protects and covers most of the doctors that practice medicine in the country. This association has been put in place to cover the Canadian doctors from lawsuits that may befall them relating to their negligence which could have led to their patient’s injury. The CMPA has reserves of billions of dollars that it is ready to spend to protect its doctors in case the doctor’s patients file any such claim.

There are specific firms that the CMPA has selected to defend its doctors from these claims of negligence actions from the doctors in Canada. As a claimant, you will be expected to prove that it is without any doubt that it is due to the negligence of the doctor handling you that you encountered any injuries.

  1. Time limits

The statute of limitations is set to bring certainty and finality to the law court’s action. The statute of limitation has set a time limit that you need to ensure you file your medical malpractice claim, and if you fail to meet this timeframe, then your case is considered void. The time limit is essential to be put in play due to a lot of matters that relate to the quality of all of the evidence provided in any old claim. The reason for the time limit is to get all the evidence before they become redundant; memories will fade over time, witnesses will die or end up lost, and the documentation and computer records can always get lost or even corrupted. All these reasons will lead to an unfair trial outcome.

Before an attorney handles any medical malpractice claim, the period is always looked at to gather whether the case can still be pursued as if the time for filing the case has expired. Once this time has expired, the plaintiff will lose any claim on the defendant to compensate him/her for any injuries incurred as a result of the defendant’s negligence. This is the limitation period. This period usually differs with different regions. There are some regions where this period can be deferred the claimant is a child until the child reaches a required minimum age. As a claimant, it is always vital that you seek qualified legal advice about your case as soon as you can after the malpractice event has occurred.

  1. Discovery of injury

You will notice that the medical malpractice limitation period usually begins right on the date that the action occurred that caused the injury. However, there are times when you may not discover the injury until after months or even years. In such cases, the medical malpractice time limitation begins to count immediately you discover the injury, or when you ought to have discovered the injury.

  1. Medical malpractice lawyers


If you are a victim of medical malpractice in Canada, then it is your right to approach a qualified attorney in the field and explain your case and see how you can file your claim to obtain compensation for any injuries that you suffered as a result of the medical malpractice. Your attorney will require you to sign some agreement forms regarding a contingency fee agreement and a retainer. This simply means that you will have to share a portion of your awarded compensation with the attorney if you manage to win your case. It also means that you won’t have to pay for any of the services provided by the attorney if you lose the case.

Leave a Reply

Your email address will not be published. Required fields are marked *