In Ontario, medical malpractice cases have a defined period during which a victim can file a claim. For victims of medical malpractice, understanding this timeline is vital in knowing your options and maximizing your chances of success in a medical malpractice case.
What Is a Limitation Period?
In Ontario, the Limitations Act sets a time limit for how long a victim of medical negligence can file a claim against a medical practitioner. If the victim files the claim outside of this set time period, the case will likely be dismissed. In medical malpractice cases, the limitation period begins when the victim “discovers” the negligence. In the Limitations Act, the victim is presumed to have been aware of the negligence at the time it occurred unless they are able to prove otherwise.
The Basic Limitation Period: 2 Years
The basic limitation period is two years from the discovery of the negligence. However, this period has two main exceptions. If the victim is under the age of 18 and does not have a litigation guardian, the two-year period begins once they turn 18. Secondly, the two-year period does not apply if the victim does not have the “physical, mental or psychological” abilities to pursue the claim.
Follow-up treatments can also affect the two-year period. For example, in one case from 2016, a woman suffered severe complications following a breast augmentation surgery she underwent in March 2009. She sued her doctor in 2012 — more than two years after the discovery of alleged negligence. But because the doctor attempted to perform a number of procedures to ameliorate her condition between May 2009 and June 2010, the court determined that the limitations period would not begin until the date of the final procedure.
The Ultimate Limitation Period: 15 Years
After the two-year limitation period, the court abides by an ultimate limitation period of 15 years. This period has a few exceptions, including the ones mentioned above. However, the 15-year limitation period is held very firmly by the courts.
In one case from 2022, a woman named Andrea Taylor pursued compensation for a jaw surgery that took place 18 years earlier. She challenged the ultimate limitation period, stating that she was not healthy enough to pursue her claim earlier and that her doctors failed to provide her medical records. However, the court rejected these arguments, saying Taylor failed to provide sufficient evidence of these claims.
Are You The Victim Of Medical Negligence?
If you believe you’re the victim of medical negligence, you don’t have to deal with it alone. Blackburn’s team has decades of experience dealing with medical malpractice cases and will advocate to get you the outcome you deserve. Contact us today for a free consultation.
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
