How has the discoverability principle been interpreted in medical malpractice cases?

Alberta, Canada


The following excerpt is from Alberta (Parentage and Maintenance Act) v. R.H., 1993 ABCA 146 (CanLII):

The Respondent relied heavily upon Martin v. Perrie, 1986 CanLII 73 (SCC), [1986] 1 S.C.R. 41. In Martin, the plaintiff attempted to sue a doctor for negligently leaving a non-absorbable suture in the plaintiff's abdomen during surgery. At the time of the surgery, the limitation period for actions against physicians in Ontario was 1 year. However, the plaintiff did not discover the suture, nor sue, until 10 years later. In the interim the limitation period had been amended to include a discoverability principle.

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