Halifax, Nova Scotia Medical Malpractice Lawyers Dedicated to Securing Compensation For Victims

Helping Victims of Medical Malpractice Pursue Justice

When you have to seek treatment from a doctor or nurse, you are at your most vulnerable. People trust that medical professionals caring for them will exercise reasonable care and provide the correct treatment. Unfortunately, many people are injured by negligent healthcare providers who fail to meet the standard of reasonable care. If you think you or a family member has been injured by a negligent healthcare provider, you need to know your options for seeking justice and full compensation.

The medical malpractice lawyers at McKiggan Hebert Lawyers have decades of experience helping victims secure compensation from negligent doctors, nurses, and other healthcare providers. The medical malpractice attorneys at McKiggan Hebert Lawyers have achieved some of the highest medical malpractice settlements in Atlantic Canada. We know what it takes to win these complex cases—let us prove it to you. Call 902-706-2298 now to schedule a free consultation regarding your case.

Key Nova Scotia Statutes Affecting Medical Malpractice

Nova Scotia has specific statutes that shape how injured patients can pursue claims against negligent healthcare providers. Understanding these legal frameworks is vital for anyone seeking compensation for medical malpractice.

The Limitations of Actions Act (R.S., c.258, s.2) sets rigid deadlines for filing medical malpractice claims. In most cases, patients have two years from the date they discover an injury to initiate a claim. Missing this deadline may forfeit the right to recover damages. Exceptions can exist if the injured person is a minor or if the harm was not reasonably discoverable until much later.
The Nova Scotia Health Professions Act (S.N.S. 2012, c.48) regulates healthcare providers and their professional obligations. It empowers regulatory bodies to investigate complaints and enact discipline if practitioners deviate from prescribed standards. Patients may reference these standards when alleging that a physician, nurse, or other professional, delivered care below the acceptable level, contributing to negligent harm.

Identifying Medical Negligence

Injured patients must determine whether a healthcare provider’s actions fell below the standard of care expected in Canada. A finding of negligence hinges on whether the treatment aligned with what another competent professional would have provided under similar circumstances.

A “reasonable practitioner” must meet the standard of care recognized by peers in the same field. If a healthcare provider fails to order necessary tests or disregards critical symptoms, it might suggest a deviation from recognized practices.

Common negligent acts include misreading lab results, failing to diagnose urgent conditions in a timely manner, or prescribing contraindicated medications. These oversights often cause complications, worsening existing ailments or creating entirely new ones.

Hospital policies and guidelines also influence negligence claims. When staff members disregard well-established protocols, the institution may share responsibility. For instance, a facility that does not follow infection control measures may be liable if a patient acquires a severe hospital-acquired infection.

What Needs to Be Proven In A Medical Malpractice Case in Nova Scotia?

There are four things that you must prove in order to succeed in a medical malpractice claim. You must show:

There was an established patient-doctor relationship between you and the defendant and that the care provider owed you a “duty of care”;
You must prove that the defendant, a healthcare provider or facility, failed to meet the accepted standard of care;
You must be able to prove that the deviation from the accepted standard of care caused your injury; and
Finally, what the measure of the harms and losses are from your injury.

Did the defendant breach the standard of care? Many medical malpractice claims hinge on whether or not the injured victim is able to prove that the defendant deviated from the accepted standard of care. This is not easy to prove—especially without a lawyer’s help.

The key to proving this point is establishing what the standard of care actually is and that another healthcare provider would not have made the same decisions under similar circumstances. Our Personal Injury Attorneys in Halifax will work with medical experts to prove that the defendant deviated from the accepted standard of care. Testimony from these experts will clearly show that the defendant was negligent and liable for your injuries.

Did the defendant’s negligence cause the injury? In many malpractice cases, the plaintiff was already sick or ill before receiving treatment. So, it can be challenging to show that the doctor or nurse was the cause of injury that the plaintiff is claiming for.

We work with our medical experts to establish a clear link between the defendant’s negligence (failure to meet the standard of care) to show that the defendant’s conduct is the legal cause of your injuries.

Our goal is to build the strongest case possible so we can win the compensation you deserve for your medical malpractice injuries.

What Are Common Types of Medical Malpractice Claims?

There are many different types of medical malpractice. Some of the most common types in Nova Scotia include:

Delayed diagnosis or misdiagnosis;
Failure to properly treat the condition;
Birth injuries;
Surgical mistakes;
Prescription drug errors;
Anesthetic errors;
Failure to recommend and order proper testing;
Not informing patients of risks involved with procedures;
Premature discharge from the hospital and
Misread lab test results.

If you believe you have been injured as a result of one of these mistakes, you may be entitled to compensation. Discuss your legal rights with our medical malpractice lawyers today.

Impact of Medical Negligence on Victims

When a healthcare provider’s errors lead to preventable harm, the consequences can extend far beyond physical injuries. Patients in Nova Scotia often experience difficulties that affect every facet of their lives, underscoring the seriousness of substandard medical care.

Physical Harm: Chronic Pain, Disability, Need for Ongoing Treatments
Surgical errors, delayed diagnoses, or improperly managed post-operative care can produce lasting physical complications. Victims may require continuous treatments, pain medication, or assistive devices like wheelchairs or braces. Chronic conditions can erode quality of life and limit daily functioning, sometimes permanently.
Emotional Toll: Depression, Anxiety, PTSD From Maltreatment
Experiencing a serious medical oversight can create lasting psychological distress. Depression and anxiety may arise from ongoing physical limitations or fear of recurrence. In acute situations, post-traumatic stress disorder can develop, making it difficult for patients to trust healthcare systems or engage in routine medical care without significant apprehension.
Economic Strain: Medical Bills, Inability to Work, Future Care Costs
Additional surgeries, rehabilitative sessions, or long-term therapies can quickly escalate healthcare expenses. If a patient is unable to return to employment—or must reduce hours due to mobility issues or chronic pain—earning capacity diminishes. The burden of future care costs, such as assisted living arrangements or home modifications, further amplifies the financial impact, underscoring the significance of pursuing compensation for genuine losses.

Evidence Gathering and Expert Witnesses

Medical malpractice claims hinge on robust evidence that proves substandard care led to harm. Investigators, lawyers, and injured patients work in tandem to compile detailed records and professional opinions.

Thorough medical records are essential. These include charts, prescriptions, radiology images, and notes detailing interactions with medical personnel. Gaps or inaccuracies can be critical in determining fault, especially if the timeline of care is unclear.

Engaging independent medical experts strengthens a claim. Experts review records, examine the patient’s condition, and offer unbiased opinions on the quality of care provided. They may highlight where the healthcare team deviated from acceptable practices or affirm that no such deviation occurred.

Evaluating damages involves looking at short-term and long-term effects. Short-term losses might include hospital bills and initial therapy costs. Long-term effects, such as permanent disability, chronic pain, or psychological trauma, may require ongoing treatment and support.

Settlement Negotiations and Trial Preparation

Many medical malpractice cases in Nova Scotia begin with negotiations aimed at reaching an equitable settlement. However, if insurers or healthcare providers dispute liability or the severity of the injuries, litigation may be necessary.

Strategies for negotiating with healthcare providers’ insurers often include presenting medical evidence and expert reports that substantiate the claim. Thorough documentation of damages can encourage a fair offer.

Alternative dispute resolution, such as mediation or arbitration, can resolve disputes without formal court proceedings. These forums may expedite the process and lower legal expenses, although they are not suitable for every case.

Trial preparation involves filing pleadings, disclosing evidence, and interviewing witnesses. Expert depositions detail whether medical conduct met or breached the standard of care. Legal teams prepare opening statements, cross-examinations, and closing arguments well in advance to ensure a coherent presentation in court.

Protecting Your Rights After Suspected Malpractice

Patients who suspect negligence should act promptly. A proactive approach helps preserve evidence, maintain credibility, and satisfy statutory deadlines.

Prompt legal advice ensures compliance with time limitations found in the Limitations of Actions Act (R.S., c.258, s.2). Consulting a lawyer soon after discovering harm can prevent the claim from becoming statute-barred.

Preserving critical evidence can include seeking second opinions, documenting symptoms in a personal diary, and retaining photographs of any visible injuries or surgical scarring. Professional counsel can advise on which records to keep and how to safeguard them from loss or destruction.

Handling communication with insurance adjusters requires caution. Adjusters may request patient statements or offer low initial settlements. Speaking with legal counsel before agreeing to any terms can prevent unintentionally waiving your rights or accepting insufficient compensation.

How Much Time Do You Have to File A Medical Malpractice Lawsuit in Halifax?

There are laws that limit the amount of time that medical malpractice victims have to take legal action. In Halifax and the rest of Nova Scotia, the statute of limitations for medical malpractice cases is two years from the date you became aware of the injury.

A victim typically has two years from the date the malpractice was committed to file a medical malpractice lawsuit. In some cases, the two-year period will not start until the date the victim discovered their injuries. This is especially common in misdiagnosis cases, where patients are not aware they were misdiagnosed until correctly diagnosed by another doctor later.

For example, say you were misdiagnosed by a doctor on January 1st. You did not realize that you were misdiagnosed until you sought a second opinion from another doctor several months later, on March 1st. In this case, your two-year period will not begin until March 1st since you were not aware of your injuries until this date.

If you file a lawsuit after the statute of limitations has expired, you will most likely lose the right to recover compensation for your injuries. Don’t wait until the last minute to take legal action. The earlier you begin, the better.

Free Book About Medical Malpractice Claims

John McKiggan is the author of the first Canadian public legal education guide about medical malpractice claims. Click on the link to get a free copy of Health Scare: The Consumer’s Guide to Medical Malpractice Claims in Canada.

Schedule A Free Case Evaluation With Our Medical Malpractice Lawyers Today

Have you been injured by a negligent healthcare provider in Nova Scotia? If so, we would suggest you consult the skilled medical malpractice lawyers at McKiggan Hebert Lawyers as soon as possible. Focus on treating your injuries and recovering fully while our experienced lawyers aggressively pursue the compensation you are entitled to by law. We will work tirelessly to fully compensate you for your medical expenses, lost wages, pain and suffering, and more.

Tell us more about your medical malpractice case during a free consultation so we can help you understand your legal options. To schedule your free consultation, call our law firm at 902-706-2298 or fill out the form on this website.