Medical Malpractice

Medical Malpractice

We seek medical help when we are not feeling good or we feel something is wrong within our body. We reach out to doctors and other medical professionals to address our medical needs in order for us to live healthier lives.        

However, there are instances where we cannot prevent mistakes from happening. While some of these mistakes are honest, some are simply a result of mishandling by a medical professional.   

Medical malpractice occurs when a health care provider gives the substandard treatment that causes harm to a patient.  Medical literature on medical errors and patient safety often use the terms “adverse event” or “sentinel event” to refer to a patient safety incident involving harm.  

Usually, these terms refer to unexpected or unnecessary injury or harm resulting from medical care, treatment, or management instead of the underlying disease or condition.

Canadian Health Care System   

Canadian Health Care System    

Medical practitioners in Canada are in private practice like the ones in the United States.  Most physicians have their own offices, set their own schedules, and see patients who have chosen them regularly or for a particular condition.         

In Canada, all of the provinces have a single health insurance program that covers virtually all residents. The federal government subsidizes these provincial health insurance plans through its general revenues.           

The role of provincial and territorial governments in health care include administration of their health insurance plans, planning and funding of care in hospitals and other health facilities, services provided by doctors and other health professionals; planning and implementation of health promotion and public health initiatives and negotiation of fee schedules with health professionals.

Common Medical Malpractice in Canada 

There are common medical malpractices recorded in the courts of Canada. Patients in Canada can file medical malpractice claims for violations of Canada’s medical malpractice laws if physicians fail to diagnose obstetric or pregnancy-related complications. Such complications involve both the mother’s and the baby’s health. It is crucial for women to receive health care before and during pregnancy to decrease pregnancy complications and birth injury.   

Physicians who also fail to diagnose internal medicinal and other medical ailments can also be held liable. Such action can be deemed a breach of a reasonable standard of care per Canadian medical malpractice laws.    

Misdiagnosis, surgical errors, and prescription drug or medication errors resulting in patients’ risking their health and ongoing treatments through professional medical failure to prescribe and provide the correct treatment are also considered medical negligence.  

Patients can also file for negligence towards the Canadian Medical Protective Association (CMPA) medical professional for the costs and expected future costs associated with the latter’s poorly performed or substandard prior medical treatment resulting in items such as future medical procedures, expected changes in quality of life, and changes to employability. 

Costs associated with managing a chronic condition, disability, or otherwise preventable illness missed or left untreated in a negligent manner per a reasonable standard of care under Canadian healthcare medical malpractice laws.

Damages in a Medical Negligence Action

Medical negligence may result in adverse effects on all the aspects of the patient’s life. Significant consequences of medical negligence are physical and emotional damages such as permanent disability and loss of quality of life. Another notable repercussion is severe financial hardships such as loss of work and loss of future wages.     

Damages are meant to compensate a person for the injuries suffered as a result of medical negligence. The basic principle of this is to restore plaintiffs to their pre-injury financial positions.  

Income loss from the date of trial until the future is usually calculated based on the previous earnings, employment history and date, and expert evidence for prospective earnings. 

Another set of damages, such as non-financial general damages like pain and suffering, is more qualitative. They are usually evaluated based on a previous case law that attributes a financial value to the impact of injury or impairment on the patient’s life.   

Avoid making contact with the other parties. Your lawyers from Diamond and Diamond should be your main contact in a medical malpractice case. Contact our law firm now to resolve your case.

Addressing Instances of Medical Malpractice

Problems of medical malpractice do commonly arise in Canada with ample complaints being made by patients about the length and adversarial nature of resolving patient-doctor and healthcare disputes.        

There are important deadlines for starting medical malpractice lawsuits, known as limitation periods. If you are suing a healthcare professional or healthcare institution, the lawsuit must generally commence within two years of the date when you knew or ought to know the facts giving rise to malpractice. 

The time limit can be even shorter in cases involving the death of the patient or the intended defendant. In cases involving death, the lawsuit must be commenced no later than two years from the date of death.     

Fortunately, the past three decades have opened several routes by which Canadian patients can resolve legitimate medical malpractice lawsuits against health care providers.          

Working with Medical Malpractice Lawyers

The healthcare providers are responsible for taking the patient’s health to the best of their abilities. Unfortunately, many doctors do not use the appropriate level of care when handling patients. 

A doctor’s negligent action often causes injury, creates additional medical complications, and costs patients time, money, even their lives.  

Work with our medical malpractice lawyers who will fight to protect your rights and give you proper legal advice. Contact personal injury lawyers from Diamond and Diamond for your medical malpractice cases.

pro tip icon

PRO TIP

If you suspect that there is medical malpractice going on regarding your situation or your loved one’s, immediately request for copies of your medical records. These documents will greatly help your medical malpractice lawyers.

Medical Malpractice FAQs

When should I contact a lawyer about my potential medical malpractice case?

You should contact a personal injury lawyer about your potential medical malpractice case if the offending health care professional fell below the standard of care reasonably expected in your type of treatment and the mistake of the health care provider to meet that standard of care caused injury and damages.

How do I know if my situation involved medical malpractice?

There are basic requirements to establish that medical malpractice happened. One, there should be a doctor-patient relationship that exists. Next is you should be able to show that the doctor caused you harm in a way that a competent doctor would not have, and their actions or negligence caused you injury. The third is that such injury has led to specific damages. To best know if you have been involved in medical malpractice, consult with a personal injury lawyer.

Is there a time limit to start a lawsuit?

Yes, there is a time limit to start a medical malpractice lawsuit. Most provinces in Canada have incorporated a “discoverability rule” into their statute of limitations. This means that the time does not start to run until the patient discovers the facts that led them to believe that there may have been negligence involved.

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