In Nova Scotia, the limitation period that applies to a medical malpractice lawsuit is 2 years from the incident that you think might have been negligent in terms of the care that you received from a medical treatment provider. There is kind of an exception to that, and that is if you weren’t aware of the act that might have caused you harm at the time that it happened. That is a concept called discoverability.
So your limitation period doesn’t start running until you should have discovered that you had a claim. So if it was impossible for you to know that anything was wrong until years later, when your condition was reviewed by another medical treatment provider, for example, then at that point your limitation period would have started to run, and that extending of the 2 years due to discoverability can go all the way until the ultimate limitation period of 15 years.
