Time Period for Filing A Medical Malpractice Claim

It is important to remember that Canadian provinces have a Statute of Limitations, which signifies the time-limit for filing a lawsuit in court by the plaintiff. Usually for filing a medical malpractice claim or case under tort laws on Ontario is two years from the date of injury or healthcare negligence. In Ontario, there is a Rule of Discover ability which has been woven into the Statute Of Limitations. This means that the time starts when plaintiff ‘discovers’ the reason for the injuries and the negligence in medical care.

Most of the defendants and their insurance companies try to prove that the time period has run out when the negotiations start. The Rules of Court in Ontario gives an opportunity to allow the Court, to give judgment where there are no reasons to need a trial. As per the rule of discover  ability in Ontario, your claim is considered discover able when you, the victim came to know:

·         Damage/injury has occurred

·         The injury was due to an act of mission against whom the claim has been filed

·         A proceeding is initiated considering the injury and damage as per the negligence.

Why say NO to self-representation

Though there have been talks about the doctors representing themselves and handle the claims. it is not recommended. This is because the discussion between the patient and doctor will not remain confidential and they might have a different view of the discussion. And they can always remember that you ‘accepted liability’.

In case the doctor offers to let go of the bill and offer money, they are sure to consult a lawyer to get more money. Thus, you might need to think again before writing off the medical bills. Other than that there are instances when the patients file false medical malpractice claims when they are unable to pay the hospital bills. Thus, you do need the services of a personal injury lawyer that deals with medical malpractice. As a doctor, there may be an instance when you might have to face a medical malpractice case as a defendant. It is essential that you notify the insurance company about the potential case. Though it is not covered under insurance, but if you don’t notify the insurance company, and tell them all about the claim, you will be denied the coverage. This information is usually out of bounds for lawyers representing the plaintiff.

It is essential to work with your attorney closely. The insurance company will provide you with an experienced lawyer to ensure that you are professionally defended. Although it is on the insurance company to pay the bills of the attorney, you need to ensure that you provide him or her with all of the details of the case. And the lawyer has to treat you like a client and uphold his role in helping you get justice. If required, inform the lawyer about the medical issues and terms so that they are able to grasp all aspects of your case before they represent you.

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