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Q: Medical malpractice - statute of limitations ( Answered,   1 Comment )
Subject: Medical malpractice - statute of limitations
Category: Relationships and Society > Law
Asked by: spark72-ga
List Price: $7.50
Posted: 06 Apr 2003 11:14 PDT
Expires: 06 May 2003 11:14 PDT
Question ID: 186857
What is the statute of limitations for filing a lawsuit in a case of
medical malpractice by a doctor in the province of British Columbia? 
Assume it was an infection the doctor missed, and the patient still
hasn't recovered.
Subject: Re: Medical malpractice - statute of limitations
Answered By: jeanwil-ga on 06 Apr 2003 12:32 PDT
Hi spark72-ga,

According to the Limitiation Act for BC you have less that 2 years to
bring your action.

[RSBC 1996] CHAPTER 266
“Limitation periods
3 (1) In subsections (4) and (6), "debtor" means a person who owes
payment or other performance of an obligation secured, whether or not
the person owns or has rights in the collateral.
(2) After the expiration of 2 years after the date on which the right
to do so arose a person may not bring any of the following actions:
(a) subject to subsection (4) (k), for damages in respect of injury to
person or property, including economic loss arising from the injury,
whether based on contract, tort or statutory duty;
(b) for trespass to property not included in paragraph (a);
(c) for defamation;
(d) for false imprisonment;
(e) for malicious prosecution;
(f) for tort under the Privacy Act;
(g) under the Family Compensation Act;
(h) for seduction;
(i) under section 27 of the Engineers and Geoscientists Act.”

Limitation Act

The Discoverability Principle

Medical Malpractice questions

Sample Medical Malpractice Cases in BC, Canada

What are the steps in a Medical Malpractice case?

What determines medical malpractice?

Hope this helps.

Best regards,


search words 'statue of limitations for BC' 'British Columbia
limitations Act'
'limitations Act for malpractice in BC'
Subject: Re: Medical malpractice - statute of limitations
From: expertlaw-ga on 06 Apr 2003 14:07 PDT
Dear spark72,

If you're outside the general limitations period, it is important to
view the statute of limitations as the beginning of the story, not the
end. To the best of my knowledge, every common law jurisdiction allows
limited exceptions to its statutes of limitation. For a discussion of
the "discovery rule", a common exception, please see the following
answer by answerguru-ga:

(A "statute of limitations" without exceptions such as the "discovery
rule" is often called a "statute of repose".)

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