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What is the Deadline or Limitation period for starting a Malpractice Claim

Posted by Geoff Aylward | Jun 01, 2017 | 0 Comments

What is the Limitation Period or deadline for bringing a Malpractice Claim?

The statement of claim must be issued no later than A) two years from the date the claim arose B) two years from the date on which a claimant could first have reasonably discovered that the person suffered a malpractice claim C) in the case of a minor, one year after the minor reaches 19 years of age and D) for persons under certain mental disability, one year after the disability ceases. The time periods under B) or D) can be unpredictable based upon the facts of a case and how the law is applied to the case. Generally A) is the limitation period guideline although sometimes in cases C) is used by your lawyer to extend the date to issue the claim.

How soon should I speak to a Lawyer after being Injured by Malpractice by a doctor, nurse or hospital?

A lawyer should be consulted soon after the medical malpractice event has occurred. You do not have to be committed at the time of your initial consultation with Geoff Aylward to commencing a lawsuit against your doctor. It may not be necessary to change doctors at this this point or for the doctor to know that you are considering a lawsuit. 

The earlier you speak with a lawyer, the better. Thorough, complete, necessary documentary evidence and better witness statements can be obtained the earlier you hire us.  The doctor, nurse or hospital in viable cases is advised of the claim.  It is easier to settle a case if the defendant knows upfront that a claim will be made.

 Do not rely on a limitation period before consulting a lawyer

You should never rely upon the operation of a limitation period to delay consulting a lawyer. Limitation periods force legal deadlines in the legal process. Limitation periods are not intended to delay consultation with a lawyer.

About the Author

Geoff Aylward

Geoff graduated from Memorial University with a joint honours degree in Political Science and Economics. He received the gold medal in Economics. In 1983 he received his law degree from Osgoode Hall, York University and became a member of the Law Society of Newfoundland and Labrador. Geoff first practiced law with his father in Aylward, Morris & Pittman and continued to practice with the successor firms of Aylward, Chislett and now Aylward, Chislett & Whitten.

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