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Blog Category:

Medical Malpractice

4/20/2010
Chesley F. Crosbie, Q.C.
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Don't Rest on Your Rights

If you think you have a case, don't dither - you can lose your right of action by passage of time, called "limitations". Here is an example taken from advice I recently had to give:

The original error was almost 7 years ago. Discoverability would not seem to apply - "the doctor even suggested I sue." The kind and extent of injury was known by December 2007, over 2 years ago. There is no reason I can see for the normal two year limitation not to apply, even if it ran from December 2007, you would be out of time.  I wish I could give you a more favorable opinion, since it looks like otherwise you had a worthwhile case.


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