How Much Time Can Pass Before You Sue for Medical Malpractice?

The period after you’ve been harmed as a result of a medical professional’s error can leave you feeling lost and unsure. You might keep thinking, should I take this to court or just let it go? But once you decide it’s time to stand up for yourself, one big question pops up: ” Have I waited too long to sue for medical malpractice?”

Here, we take a closer look at this question to help you understand the time limits for filing a medical malpractice claim, the claims process, and how a lawyer facilitates a successful claim.

Medical malpractice occurs when healthcare professionals fail to uphold their expected standard of care and, as a result, cause harm to a patient. Whether it’s prescribing the wrong dosage of medication, missed diagnoses, surgical errors, or another kind of medical error, this harmful medical negligence gives the patient the right to pursue compensation for the damages they suffered.

According to the Ontario Limitations Act, the clock starts ticking on your ability to seek justice through a lawsuit from the time you are injured, or from the moment you realize you are injured (certain injuries only become apparent some time after the treatment).

There is a standard two-year limitation period for civil lawsuits in Ontario, including medical malpractice lawsuits. In other words, you have two years to initiate legal action from the time you become aware the medical professional caused you harm. 

That said, there is a hard stop on most claims at 15 years, regardless of when you discovered the harm. This long-stop rule means that no matter the circumstances, a lawsuit must be filed within 15 years of the act that caused the injury. This provision aims to balance the scales and prevent the threat of litigation being indefinite.

Although there are specific timelines, not everything is set in stone when it comes to limitation periods; there are exceptions. Consider minors, for example: their limitation clock is paused until they are 18 years old. 

Similarly, if someone’s ability to manage their affairs is compromised due to the injuries they sustained, the limitation period halts. It resumes only once they regain capacity or appoint a legal representative. This makes sure vulnerable parties aren’t excluded from seeking redress due to circumstances beyond their control.

Medical malpractice claims and lawsuits involve a series of steps. Here is how they typically unfold:

• Filing the Claim: The journey begins with the drafting and filing of your claim, a crucial document that lays out your grievances. This initial step is typically completed within a few weeks from when you recognize the malpractice. It sets the legal wheels in motion.
• Discovery Phase: Once the claim is filed, both parties enter the discovery phase where they exchange information, medical records, and other pertinent documents. Stretching anywhere from a few days to several months, the discovery phase allows both sides to build their cases on solid ground.
• Oral Examinationsand Expert Opinions : As the discovery phase concludes, out of court oral examinations and expert reports  take center stage. Here, involved parties share their accounts under oath and medical experts provide written reports. 
• Negotiation and Settlement: Most medical malpractice cases conclude via settlement negotiations or alternative dispute resolution processes such as mediations before reaching trial. These discussions can be swift or drawn-out over months, as they hinge on the willingness of parties to compromise.Trial: Should negotiations falter, the case proceeds to trial. A trial’s duration is unpredictable. In the end, it culminates in a verdict that either vindicates your claim or calls for an appeal (in which case, more time is added to your quest for justice).

Navigating these stages requires patience and an adept legal guide, as timelines can vary widely based on the specifics of each case.

Going into a medical malpractice suit without a seasoned lawyer is like trying to get through a labyrinth blindfolded. A personal injury or medical malpractice lawyer doesn’t just give you advice; they make sure you meet all your important deadlines and that you make decisions that are in your best interest.

A medical malpractice lawyer is also the protector of your rights, especially when it comes to settlement negotiations and trial. Medical institutions and insurance companies have no incentive to give you a fair settlement; in fact, they use tactics to minimize your payment. Experienced lawyers know how to overcome these strategies and present your case such that your story is told and your call for compensation is compelling.

The result? Your chances of securing a settlement that properly  covers your damages increase.

Your ability to pursue a medical malpractice claim in Ontario hinges on your being aware of the relevant timelines and limitation periods. Miss that window, and justice might slip through your fingers. So don’t wait; if you’ve suffered injuries at the hands of a negligent healthcare professional, you may have a medical malpractice case. Get in touch with Dickson Wynperle Associates today for a free consultation. Find out if your case is valid, what your legal options are, and how best to proceed. Your fight for restitution starts here.