New Brunswick medical malpractice law
In New Brunswick, you generally have 2 years to start a medical malpractice claim from the day the injury was discovered.
Sources checked
Malpractice lawyers in New Brunswick
We're still putting together the New Brunswick list. A free case review reaches a lawyer who serves the province in the meantime, and you'll see your likely filing deadline.
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Your deadline: 2 years from when you found out
New Brunswick rules at a glance
Work out your deadline- Filing deadline
- 2 years from when the injury was discovered
- Damage caps
- Capped for pain and suffering
- Before you file
- No notice or affidavit needed
- Shared fault
- Pure comparative
Full New Brunswick law guidedeadlines, caps, children, experts and sources
Example: treatment and discovery six months ago
- TreatmentMay 7, 2026
- Likely deadlineMay 7, 2028
- Outer limitMay 7, 2041
- The clock startsWhen you found out, or should have
- Time to start a claim2 yearsMiss it and the claim is usually lost.
- At the very most15 yearsafter the treatment, with a few exceptions
- Pain and sufferingCapped at about $484,330
- All damages togetherNo overall cap
The rules in New Brunswick
Filing deadline
2 years
Counted from when the injury was discovered. Start the claim within 2 years from the day the claim is discovered, and no more than 15 years after the act or omission, whichever comes first.
Discovery rule
Applies
Yes, inside the 15-year ultimate period.
Outer limit
15 years
Ultimate limitation period of 15 years from the act or omission.
Limitation of Actions Act, S.N.B. 2009, c. L-8.5, s. 5(1)(b)
Damage caps
Non-pecuniary damages (pain, suffering, loss of enjoyment of life) are capped by the Supreme Court of Canada's 1978 trilogy (Andrews v. Grand & Toy Alberta, Thornton, Teno) at $100,000 in 1978 dollars, indexed to inflation: about $484,330 as of September 2026. Courts award the full cap only for the most catastrophic injuries.
There is no statutory cap on economic losses such as lost income or future care. The judge-made trilogy cap limits non-pecuniary damages nationally.
Children
Different clock
The limitation periods are suspended while the claimant is a minor.
Affidavit of merit
Not required
No affidavit or certificate of merit is required to start a claim. In practice, expert reports on the standard of care and causation must be served under the court's rules.
Notice before suing
Not required
No pre-suit notice is required for claims against doctors, nurses or hospitals.
Shared fault
Pure comparative
Pure comparative fault: your award is reduced by your share of fault
Experts
Expert evidence
Expert evidence from a physician in the same field is needed to prove the standard of care and causation; reports must be served on the timelines in the provincial rules of court.
Fault is apportioned under New Brunswick's Contributory Negligence Act. Age of majority in New Brunswick is 19. Most physicians in Canada are defended by the Canadian Medical Protective Association (CMPA), which contests most claims, so expert evidence and early legal advice matter.
Sources
- Limitation of Actions Act, S.N.B. 2009, c. L-8.5, Government of New Brunswick
- Non-Pecuniary Damages Upper Limits (monthly indexed figures, 2024 to 2026), McKellar Structured Settlements
- Key Numbers for 2025 (trilogy cap and indexation), McCague Borlack LLP
Other provinces
- Best Medical Malpractice Lawyers in Alberta (2026)
- Best Medical Malpractice Lawyers in British Columbia (2026)
- Best Medical Malpractice Lawyers in Manitoba (2026)
- Best Medical Malpractice Lawyers in Newfoundland and Labrador (2026)
- Best Medical Malpractice Lawyers in Northwest Territories (2026)
- Best Medical Malpractice Lawyers in Nova Scotia (2026)
- Best Medical Malpractice Lawyers in Ontario (2026)
- Best Medical Malpractice Lawyers in Prince Edward Island (2026)
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