Medical Negligence
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VI. Is there a time limit for filing a medical negligence claim?

A medical negligence action is regarded as a personal injury action and therefore must be commenced within three years of the date when "the cause of action accrued" or the date of the claimant's actual or constructive "knowledge" of the injury.

Generally speaking, an adult claimant has three years from the date on which the cause of action accrued (the date on which the incident involving the negligence occurred.) or, if later, the date on which the existence of a cause of action for medical negligence became known.  For an infant claimant (under the age of 18), the three-year period does not begin until the claimant reaches the age of 18.  For a person of unsound mind, the three-year period does not begin until the date on which the person becomes sane. However, these restrictions are subject to the Court's discretion to allow the action to proceed despite the expiry of the three-year period.

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