A search of Ontario medical malpractice cases decided in the last 6 months shows that Plaintiffs risk having their cases dismissed if they do not have an experienced malpractice lawyer. Plaintiffs’ claims are often dismissed because they have not commenced their action within 2 years.
Of approximately 14 medical negligence rulings in the last 6 months, 6 cases were dismissed on motions. Of the 6 cases that were dismissed, 4 were dismissed as a result of the Plaintiff’s failure to commence an action within the 2-year limitation period provided for in the Limitations Act, 2002.
In Liu v Wong, the Plaintiff was injured when his physician removed surgical staples. The action was commenced more than 3 years after the removal. The action was dismissed as statute barred because Mr. Liu knew there were problems with his knee as soon as the staples were removed.
Read full article by personal injury lawyer Kate Cahill: Avoiding Case Dismissal in Medical Malpractice Lawsuits