Is there a time frame within which a claim must be made?

Typically, a victim of medical malpractice has a limited period of time (determined by the Regulated Health Professions Act.) in which to file a medical malpractice claim in court, or they are forever barred from succeeding on their claim and from recovering. In some provinces, this time period may be one (1) year or less for some claims. Some provinces, however, allow a much longer period of time within which a claim may be filed. Although exceptions may exist in certain instances, each exception is fact-sensitive and requires the analysis of a qualified lawyer to determine if they are applicable. In addition, given the complexities of medical malpractice cases and the need for a thorough medical and legal analysis before it can be determined that a claim should be filed, waiting until the end of the period in which one must file a claim could deprive the lawyer sufficient time to complete a review of the case in a timely fashion. Anyone who suspects they may be a victim of medical malpractice should thus immediately contact a qualified lawyer.

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