This article was last updated: Oct. 1st, 2026

If you were injured because of a medical mistake, you may have the right to make a medical malpractice claim. However, you cannot wait forever to start a lawsuit. Every province has laws that set time limits for bringing legal claims. These deadlines are called statutes of limitations, or limitation periods.

Missing one of these deadlines can have serious consequences. If you file your claim too late, the court may dismiss it, even if there is strong evidence that medical negligence occurred.

Medical malpractice cases can be different from other personal injury claims. In many cases, patients do not realize right away that a healthcare provider made a mistake. A missed diagnosis, delayed diagnosis, medication error, or surgical complication may not become clear until months or even years later. Because of this, the law often allows the limitation period to begin when the injury is discovered rather than on the date the treatment took place.

In this article, we explain how limitation periods work and outline the rules for medical malpractice claims in Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador.

What Is a Statute of Limitations?

A statute of limitations is the legal deadline for starting a lawsuit.

These deadlines are meant to keep the legal process fair. Over time, medical records can become harder to locate, witnesses may forget important details, and evidence may become less reliable. Limitation periods encourage claims to be started while the facts are still available.

If the deadline passes before a lawsuit is filed, the defendant can ask the court to dismiss the claim. In many cases, the court will do so, even if the patient suffered a serious injury.

That is why it is important to speak with a lawyer as soon as you think a medical mistake may have caused your injury.

When Does the Limitation Period Begin?

Many people assume the clock starts on the day they received treatment. That is not always the case.

Medical malpractice injuries are not always obvious. Sometimes the effects of a mistake do not appear until much later. In other cases, the injury is known, but the patient does not realize that medical negligence may have been the cause.

For that reason, most medical malpractice claims use what is known as the discovery rule.

In simple terms, the limitation period usually begins when you knew, or reasonably should have known, that:

  • you suffered an injury;
  • the injury may have been caused by medical negligence; and
  • a lawsuit may be an appropriate way to seek compensation.

For example, imagine a patient has surgery and continues to experience pain for several years. A second surgeon later discovers that a surgical instrument was left behind during the original procedure. In many cases, the limitation period would begin when the mistake was discovered, not on the day of the surgery.

Every claim is different. The date the limitation period begins depends on the facts of the case and the law that applies in the province where the treatment occurred.

Medical Malpractice Limitation Periods in Atlantic Canada

Although each Atlantic province has its own legislation, the rules are similar in many ways.

In most cases:

  • you have two years to start a lawsuit after discovering that medical negligence may have caused your injury;
  • delayed discovery is recognized under the law; and
  • there is also an ultimate limitation period, which sets the maximum amount of time to bring most claims.

The exact rules depend on the province where the medical care was provided.

Nova Scotia

In Nova Scotia, most medical malpractice claims are governed by the Limitation of Actions Act.

In most cases, you have two years from the date you discovered, or reasonably should have discovered, that medical negligence caused your injury to start a lawsuit.

Nova Scotia also has an ultimate limitation period of 15 years. In most situations, this means a claim cannot be started more than 15 years after the negligent act or omission took place, even if the injury was discovered later.

These rules are especially important in medical malpractice cases involving delayed diagnoses, surgical errors, medication mistakes, or other injuries that may not become apparent right away.

New Brunswick

In New Brunswick, most medical malpractice claims must be started within two years of discovering the injury.

The two-year clock usually starts when you knew, or should have known, that a medical mistake may have caused your injury.

New Brunswick also has a 15-year ultimate limitation period. In most cases, this means you cannot start a lawsuit more than 15 years after the medical mistake happened.

These rules are important because medical mistakes are not always easy to spot. A doctor may miss a diagnosis. A surgical problem may not appear right away. You may not learn what happened until another doctor reviews your case months or even years later.

If you think a medical mistake caused your injury, do not wait to get legal advice. Acting early can help protect your rights.

Prince Edward Island

Prince Edward Island has similar rules.

In most cases, you have two years to start a medical malpractice lawsuit after you discover that a medical mistake may have caused your injury.

PEI also has a 15-year ultimate limitation period for most civil claims. This is the longest time you have to start a lawsuit.

Some medical mistakes are discovered quickly. Others are not.

For example, a patient may not learn that a diagnosis was wrong until they see another doctor. In another case, problems from surgery may not appear until much later.

That is why it is important to speak with a lawyer as soon as you believe something went wrong.

Newfoundland and Labrador

In Newfoundland and Labrador, most medical malpractice claims must be started within two years of discovering the injury.

The province also has a 10-year ultimate limitation period for most claims. In most cases, this is the latest date you can start a lawsuit.

Medical malpractice cases often take time to uncover. A patient may continue treatment without knowing a mistake was made. The problem may only become clear after more testing or after getting a second opinion.

Even if you are unsure whether medical negligence occurred, it is a good idea to speak with a lawyer. A lawyer can explain which limitation period applies to your claim.

Claims Involving Children

Children are protected by special limitation rules.

In many cases, the limitation period does not begin while the child is still a minor. A parent or litigation guardian can often start a lawsuit before then if it is in the child’s best interests.

The exact rules are different in each province, so it is important to get legal advice as early as possible.

Claims Involving Someone Who Lacks Capacity

Special rules may also apply if an injured person cannot make legal decisions because of a physical, mental, or psychological condition.

In these cases, the limitation period may be paused until the person regains capacity or someone is appointed to act for them.

Because these rules can be different from one province to another, it is important to speak with a lawyer about your situation.

What Happens If You Miss the Deadline?

Missing the limitation period can have serious consequences.

If you file your lawsuit too late, the court may refuse to hear your case. If that happens, you could lose your chance to recover compensation, even if a medical mistake caused your injury.

There are some exceptions, but you should never assume one will apply to your case.

If you are unsure how much time you have, speak with a lawyer as soon as possible. It is much easier to protect your claim before the deadline passes than to ask the court for extra time later.

Why You Should Not Wait

Even if you think you still have plenty of time, it is usually better to act sooner rather than later.

Medical malpractice cases take time to investigate. Your lawyer will need to collect your medical records, review your treatment, and speak with medical experts. This work cannot be done overnight.

Waiting can also make your case harder to prove. Records may be harder to find. Witnesses may not remember important details. Some healthcare providers may retire or move away.

Starting early gives your lawyer more time to prepare your case and protect your rights.

Frequently Asked Questions

How long do I have to file a medical malpractice claim?

It depends on where the medical treatment took place. In Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador, most claims must be started within two years of discovering the injury. Different rules and exceptions may apply.

What if I did not know a medical mistake was made?

Many medical malpractice claims involve injuries that are found months or even years later. In many cases, the limitation period does not begin until you knew, or should have known, that a medical mistake may have caused your injury.

What if my child was injured?

Special rules often apply to children. The limitation period may not begin until the child reaches the age of majority. A parent or litigation guardian may also be able to bring a claim sooner.

Can I still make a claim years later?

Maybe. Some medical mistakes are not discovered right away. However, every province also has an ultimate limitation period that sets the latest date you can usually start a lawsuit. The answer depends on the facts of your case.

Do I need a lawyer before the limitation period ends?

Yes. It is best to speak with a lawyer as early as possible. Medical malpractice cases can take months to investigate. Getting legal advice early gives you the best chance to protect your claim.

How NOVA Injury Law Can Help

If you believe a medical mistake caused your injury, you do not have to figure everything out on your own.

At NOVA Injury Law, we help clients across Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador understand their rights after medical negligence. We can review your case, explain the limitation period that applies, and help you take the next steps.

If you have questions about a possible medical malpractice claim, contact NOVA Injury Law for a free consultation.

Phone: 902-442-8853

Email: info@novainjurylaw.com

This article is for general information only. It is not legal advice. Every medical malpractice claim is different, and limitation periods can vary depending on the facts of your case.