How hard is it to win a medical malpractice case in Canada?
Very hard. Physicians are defended by the Canadian Medical Protective Association (CMPA), which has substantial resources and rarely settles weak claims. You must prove, with expert medical evidence, both that the doctor breached the standard of care and that the breach caused your injury. The causation requirement defeats many claims where negligence occurred but the bad outcome would have happened anyway.
Is there a cap on medical malpractice damages in Canada?
There is no statutory cap, but the Supreme Court of Canada's 1978 trilogy set a judicial cap on non-pecuniary general damages (pain and suffering) of $100,000, now approximately $430,000 adjusted for inflation. Pecuniary damages — future care, lost income, out-of-pocket costs — are not capped.
How long do I have to sue for medical malpractice in Canada?
Most provinces apply a 2-year limitation period from when you knew or ought to have known of the negligence (discoverability), subject to an ultimate limitation period (often 15 years). Claims involving minors or incapacity may have suspended limitation periods. Confirm your province's rules quickly.
What damages can I claim in a Canadian med-mal case?
General damages (capped ~$430,000), future cost of care (attendant care, therapy, equipment, medication), past and future lost income, and out-of-pocket expenses. In fatal cases, family members may claim under provincial Family Law Acts for dependency and loss of guidance and care.