Limitation Periods and Medical Malpractice Lawsuits

All civil lawsuits in Ottawa have a limitation period; and medical malpractice lawsuits are not different. To seek compensation for damages due to a medical malpractice claim, your lawsuit must commence within two (2) years from the time you knew or you ought to have known that your injury was a result of negligence of a doctor or other healthcare provider. The limitation period is set by the discoverability rule, which typically provides that the two year commencement period starts at the time and point when a reasonable individual exercising reasonable diligence would likely have come to the realisation that he or she had a medical malpractice claim.

The Commencement of Limitation Periods in Medical Malpractice Cases are Sometimes Debateable

A rather fluid time period, the limitation period for medical malpractice claims varies per various judicial pronouncements. Judges interpret the commencement time based on his or her past experience. In some cases, only when an Ottawa lawyer finds a medical expert who can testify and demonstrate that a breach in the standard of care of his client has occurred can the limitation period begin. The argument here is that it took until that time for a client to expect to reasonably succeed in the action. And in other cases, judges and courts have determined that until a potential victim has enough information to reasonably conclude that he or she was significantly injured due to medical malpractice can the limitation period commence.

An experienced Ottawa medical malpractice lawyer knows that it is important to operate under an abundance of caution and will advise you to commence your medical malpractice suit as soon as you ascertain that the possibility of a claim is at hand. By commencing your suit early, you can avoid any difficulties that might arise should your claim be challenged on the limitation period requirement.

Once the limitation period issue is resolved, your medical malpractice lawyer will want to file your suit and determine what damages you have incurred that may be recoverable. As in all civil litigation cases in Ottawa, potential damage awards are limited by the awards others have received in previous, similar medical malpractice cases and the general damage limits set forth by the Supreme Court of Canada. Most of these general damages fall into the categories of medical care (both present and future) and loss of income (both present and future) as a result of your injury. Cases that have resulted in awards or settlements in the multi-million-dollar range are usually comprised of these two types of damages.

Contact an Ottawa Medical Malpractice Lawyer As Soon As Possible after Injury

It is very important to commence a medical malpractice lawsuit as soon as possible after injury so as to avoid any limitation period issues. If you have been injured as a result of the negligence of a doctor or other healthcare provider, don’t hesitate to consult an Ottawa medical malpractice lawyer for a consultation concerning your case. Most medical malpractice lawyers offer free consultations so you have nothing to lose by scheduling an appointment to evaluate the merit of your medical malpractice case.

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