Frequently Asked Questions
Straight answers about medical malpractice and personal injury claims in Atlantic Canada — the lawsuit process, what you have to prove, what a case may be worth, and how regulatory college complaints work. Each answer links to where you can learn more.
About Acuity Medical Law
What kind of law does Acuity Medical Law practice?
We specialize in complex medical malpractice cases offering representation in both civil and administrative proceedings. We also practice general injury law representing clients who have suffered injuries from MVA's (motor vehicle accidents) to workplace injuries, and more.
Do you only handle medical malpractice cases?
Medical malpractice is our specialty, but we also represent clients in car accidents, slip and falls, contract disputes, and more.
What makes Acuity Medical Law different from other firms?
Our team has hands-on clinical backgrounds in nursing and medicine, and we maintain a strong network of medical experts. This combination allows us to quickly assess the strengths and weaknesses of a case, keep costs lower, and run more efficiently than firms without that clinical foundation.
Civil law & the lawsuit process
How long do I have to start a lawsuit?
In Atlantic Canada, you generally have 2 years from when the injury was discovered — or reasonably should have been — to file a claim. The exact timeframe varies by province (NS, NB, NL, PEI), the type of action, and factors like age or disability. There are also outer time limits regardless of when the harm was discovered. We strongly recommend seeking legal advice as soon as possible.
What does the process of suing someone look like?
A civil lawsuit moves through several stages: we start by investigating the file and building a timeline, then file the claim and serve the defendants. From there, both sides exchange written evidence and conduct discovery interviews. Once discovery is complete, we request trial dates and enter a negotiation phase. If no settlement is reached, the case proceeds to trial before a judge or jury. A settlement can occur at any stage.
How long does a medical malpractice case take?
Medical malpractice cases typically take 4 to 5 years, depending on complexity, the number of parties involved, and how obvious the fault and damages are. Simpler cases like car accidents tend to resolve in 1 to 2 years. A settlement can happen at any point in the process.
What do I need to prove to win a negligence case?
Four elements must each be proven on a balance of probabilities (meaning more likely than not — over 51%): that the defendant owed you a duty of care; that they failed to meet the standard of care required; that you suffered genuine harm; and that your harm was caused by that failure in care.
Do I need a medical expert for my malpractice claim?
In almost all cases, yes. Expert testimony is needed to establish that the standard of care was breached and that the breach caused the harm. There are rare exceptions where the failure is so obvious that an expert is not required.
What kinds of damages can I claim, and what is my case worth?
Damages fall into a few categories. General damages cover pain, suffering, and loss of enjoyment of life — currently capped at approximately $450,000. Pecuniary losses compensate for out-of-pocket costs like lost income, treatment expenses, and services you had to outsource due to your injury. In some cases, punitive damages (for egregious conduct) or aggravated damages (for harm to protected characteristics) may also apply. The value of any specific case depends on its unique facts.
Regulatory college complaints
What do regulatory colleges do, and how is this different from a lawsuit?
Regulatory colleges (such as the College of Physicians and Surgeons or the College of Registered Nurses) govern licensed health professionals through licensing, standards of practice, and discipline. Unlike civil lawsuits, they focus on professional conduct and standard of care — and they do not award financial compensation. They represent a separate avenue for pursuing accountability.
How do I file a complaint against a doctor or nurse?
Anyone can submit a written complaint to the relevant provincial college by mail, fax, or online. There are no fees involved, and the college will acknowledge and investigate your complaint.
Is there a deadline to file a complaint with a health college?
There is generally no strict time limit for filing with health colleges in Atlantic Canada. That said, filing promptly is always recommended, as delays can affect the availability of evidence and the quality of the investigation.
What can happen as a result of a complaint to a regulatory college?
Outcomes range from no action to a reprimand, remediation, or serious sanctions. Some decisions are published publicly. Colleges also maintain records of complaints, so a pattern of similar complaints against the same practitioner can escalate consequences. Practitioners are generally required to disclose complaints to their hospital and to any other jurisdiction where they are licensed.
Can a college decision be appealed?
Yes. Most decisions by health regulatory colleges can be appealed or judicially reviewed in provincial superior court on grounds of fairness, reasonableness, or jurisdiction. This is a nuanced area of law and is best navigated with legal representation.
How can Acuity Medical Law help with a regulatory college complaint?
We can advocate on your behalf — drafting and submitting the complaint, corresponding with the college, and presenting the most compelling arguments given our deep understanding of both healthcare and regulatory mechanics.
