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Time is of the Essence

Time Limits/Statutes of Limitations

There are certain time limits within which a medical malpractice claim must be filed. These are called "statutes of limitations". These time limits are highly technical. Each province sets out their own statutes of limitations for these types of claims. Generally, medical malpractice statutes of limitations are relatively short. In some circumstances it may be shorter, and longer in others. These time limits may be extended several years when minors are involved, but this also varies extensively with each province. To complicate things even more, each province typically has exceptions to their general rules which can further alter the time limits, making them shorter or longer. Additionally, medical malpractice/insurance protection laws change rapidly throughout Canada, including the time limits for filing claims for birth trauma cases. Always consult with your lawyer or other legal professional for any legal advice as soon as possible.