Understanding the statute of limitations for medical malpractice in Calgary

When it comes to medical malpractice, understanding the legal time limits is important for anyone harmed by the negligence of the health care service provider. Specific rules govern the time limits when a medical malpractice claim must be filed. These rules fall under the statute of limitations that sets a deadline for how long victims have to initiate a lawsuit.

Medical Malpractice claims can be complex and emotionally challenging for victims. In Calgary, to file the claim, one must understand the statute of limitations. This legal framework determines how long an individual has to file a lawsuit after experiencing harm due to medical negligence. It is known as the ultimate limitation period, which is ten years from the date of the malpractice event, regardless of when the injury is discovered.

The rule ensures the claims cannot be made indefinitely even if the injury is discovered many years after the malpractice occurred.

Here comes the role of the best medical malpractice lawyer Calgary. The lawyer guides the victims through this process, ensuring that their claim is filed on time and that they receive the justice they deserve.

Why Statue of Limitations is important?

Understanding the statute of limitations is important because it affects the viability of the medical malpractice claim. Filing too late can result in a claim being dismissed, leaving the victim without legal recourse. Consulting with a medical malpractice lawyer early in the process ensures the claim is properly filed within the applicable deadlines.

What are the exceptions to the Statue of Limitations?

The two-year and ten-year limits are the general rule in Calgary; however, there are exceptions in certain circumstances-

• Minors: If the medical malpractice victim is under 18, the statute of limitations does not begin until they turn 18.
• Mentally incapacitated person: If the victim is mentally incapacitated, the statute of limitations may be extended until they are capable of understanding the injury and its cause.
• Fraudulent Concealment: If the healthcare provider intentionally concealed their negligent actions, the statute of limitations may not apply until the patient discovers the malpractice.

How a medical malpractice lawyer in Calgary can help?

It can be overwhelming for individuals dealing with the aftermath of medical negligence to navigate the statute of limitations and other legal requirements. The best medical malpractice lawyer Calgary plays a significant role in helping the victims-

• Evaluate the claim: A lawyer can assess whether the claim falls within the statute of limitations and determine the strength of the case based on the available evidence.

• Building a strong case: The lawyer gathers medical records, expert testimony and other relevant documents to ensure the case is well-prepared.

• Filing the lawsuit on time: The seasoned lawyer in Calgary meets the deadline ensuring all the legal paperwork is filed correctly and within the statute of limitations.

• Negotiating Settlements: A medical malpractice lawyer can negotiate with healthcare providers or insurance companies to obtain fair compensation for the victim.

Understanding the statute of Limitations for medical malpractice claims in Calgary is important for those seeking justice after medical negligence. Hiring a professional medical malpractice lawyer will help the victim navigate the deadlines and secure fair compensation.

Nitin is a Dual Qualified Lawyer in Alberta (2017) and India (2010) with experience both in trial and appellate jurisdiction matters.