What is the limitation period for bringing a medical malpractice action?
British Columbia, Canada
The following excerpt is from Fidler v. Forensic Psychiatric Institute, a Hospital, 2015 BCSC 1241 (CanLII):
In medical malpractice actions, as the defendants note, the limitation period commences on the day the right to bring an action arose, that is, when all elements of the cause of action come into existence. As Craig J.A. wrote in Bera v. Marr at para. 28, the date on which the right to bring an action arose “must mean the date of the alleged negligent conduct, not the date on which the plaintiff became aware of the negligent conduct, or should reasonably have become aware of it.”
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