Medical Civil Liability

Period of Time for Prescription

Under review

If legal proceedings are not instituted within a certain time period, the claim is “prescribed”. Actions in medical civil liability are subjected to a legal prescription of three years. If the victim, his or her representative or family members do not respect this time period, the right to claim is abolished.

The law stipulates that the time period for prescription may be “suspended”, if it can be demonstrated that it was “impossible for the victim to act”. Therefore, when the victim is unaware of the physician’s faulty act,  the period of time for prescription is suspended, especially if the physician  has kept the lack of awareness alive by remaining silent on the incident. As a general rule, the time period for prescription begins to run on the date the fault was committed or on the date of the first manifestation of the injury.