HALIFAX Halifax Medical Malpractice Lawyer

“Medical malpractice” is an umbrella term encompassing various forms of negligence that may occur in medical settings. There is a wide variety of actions a doctor or other medical professional could take that may constitute medical malpractice.

Some of the most common kinds of medical malpractice claims include:

• Misdiagnosis
• Delayed diagnosis
• Failure to treat
• Surgical errors
• Birth injuries
• Defective medical devices
• Anesthesia errors
• Dental malpractice
• Naturopathic malpractice
• Prescription drug errors
• Foreign objects left inside patients
• Failure to monitor
• Premature discharge
• Failure to order testing
• Inadequate follow-up or aftercare
• Misreading laboratory results
• Failure to obtain informed consent
• Chiropractic malpractice
• Cosmetic plastic surgery malpractice

Certain medical procedures carry a higher risk for patients than others. However, medical malpractice claims are not limited only to high-risk procedures, as many medical malpractice cases stem from errors committed during common forms of treatment.

Even minor oversights can lead to serious consequences for patients. For example, prescription drug errors remain one of the most common forms of malpractice, with the World Health Organization reporting that medication errors cost an estimated $42 billion globally each year.

The statute of limitations for a medical malpractice claim is often province-specific, but most provinces, including Nova Scotia, require individuals to file claims within two years of the date of their injury. However, not all instances of medical malpractice are immediately recognizable.

Under the discoverability principle established by the Supreme Court of Canada, the limitations period is delayed until the date that a plaintiff either becomes aware of an injury or should have discovered an injury. Another possible exception to the standard statute of limitations concerns a medical malpractice victim who is a child, as such victims will have their limitations periods “tolled” or paused until they reach the age of majority.

The limitations period could also be “tolled,” or paused, when a medical malpractice victim lacks the capacity to make decisions. In such cases, a person who is deemed incapable, such as because they remain unconscious or in a coma, will have the standard amount of time to file their suit once they become capable of making decisions for themselves once again.

Under the discoverability principle, new evidence or medical records discovered after the initial limitation period may also allow for an extension. It is important to seek legal advice as soon as you suspect medical malpractice has occurred, as a prompt investigation may help to preserve or uncover critical evidence for your claim.