Medical Malpractice: Limitation Periods

Limitation Periods and Claim Filing

General Limitation Period Information

As we have discussed in previous blogs, there are timelines and deadlines to pursuing a legal claim. If you file a medical malpractice claim after the limitation date, you could lose your claim because you filed the lawsuit too late. It is important to know exactly what limitation date applies to your file. In Nova Scotia, every claim has to comply with the Limitation of Actions Act but there can be different time periods depending on your claim.

The basic limitation period in Nova Scotia is 2 years unless there are other factors that expedite, delay, or stop the clock from ticking. This means that you have two years after the termination of professional services or when you first ought to have known of your injury to file your claim.

Limitation dates in Nova Scotia can change if the claim is not discovered right away. For medical malpractice claim, a common example can be misdiagnoses that are not realized until months or years later or surgical complications that go unnoticed. The rules allow for an ultimate limitation period of 15 years. You can then have up to 15 years from the date of the medically negligent action to file a lawsuit in most cases.

Claims by a Minor or Disabled Person

If a person is under 19 years of age in Nova Scotia, there is a rule that stops the limitation period. The limitation period will commence and the clock will start ticking on the person’s 19th birthday. The limitation period will also not apply to a person who lacks legal capacity to make decisions as a result of a physical, mental, or psychological condition.

Claims against a Pharmacist

If you are making a malpractice allegation against a pharmacist in Nova Scotia, you have a different limitation period! As per the Pharmacy Act, you have one year from the date the professional services were provided to you to start the lawsuit.

Questions about a potential legal claim?

Do you have more questions about timelines and deadlines for your injury? Jeff Mitchell is an experienced personal injury lawyer dedicated to representing injury victims after an accident. He can advise clients on the particulars of their medical malpractice claim and ensure that all appropriate deadlines are accounted for and met. Call toll-free: 1-855-670-1345 or 902-702-3452.

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