Can prejudice be presumed in a medical malpractice case because of the delay in filing the complaint?
British Columbia, Canada
The following excerpt is from Skeet v. Samaroo, 2007 BCHRT 16 (CanLII):
Accordingly, it is not necessary for me to address substantial prejudice, but I would find that because of the delay in filing this complaint, prejudice can be presumed, as over a 10 year period memories will have faded: Prasad v. The College of Physicians and Surgeons of British Columbia 2004 BCHRT 21.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can prejudice be presumed in a medical malpractice case? (British Columbia, Canada)
Does the entire agreement clause in a medical malpractice case apply to all medical malpractices? (British Columbia, Canada)
What is the duty of disclosure of medical malpractice in medical malpractices? (British Columbia, Canada)
How has the BCSC treated records of medical malpractice in medical malpractices? (British Columbia, Canada)
What is the impact of a long delay in filing a late-filed complaint? (British Columbia, Canada)
When considering a patient's medical history, is it possible for the medical malpractice review to consider a single file? (British Columbia, Canada)
What is the disposition of a medical malpractice case at a medical review board? (British Columbia, Canada)
How have medical and/or legal opinions been interpreted in medical malpractice cases? (British Columbia, Canada)
What is the impact of the delay in accepting a complaint for filing in the public interest? (British Columbia, Canada)
When an accused experiences 14 to 18 months of institutional delay, can the court infer prejudice in the absence of actual prejudice? (British Columbia, Canada)
