Category: Statute of Limitations

Time Limits in Medical Malpractice Claim: When Does Discoverability Rule Apply?

by John McKiggan

“How Long Do I Have to File a Medical Malpractice Claim?”

As a medical malpractice lawyer in Nova Scotia, I get asked that question a lot. But the answer is rarely simple or straightforward.

Every province in Canada has a Statute of Limitations, a law that places a time-limit on how long a plaintiff can wait before filing a lawsuit in court. For example, in Nova Scotia, the time-limit for filing a medical malpractice claim is 2 years from the date of the alleged negligence or injury.