Medical Malpractice
In Canada we rely on doctors and nurses, hospitals, and other health care providers including dentists, chiropractors, and the like to provide excellent medical treatment when we are sick or injured. When unintended consequences arise, they are often catastrophic. Nothing can be worse than a baby damaged through medical error, or leaving a hospital sicker than when you went in. If you or a loved one has suffered as a result of medical treatment gone wrong you may be entitled to compensation. To find out, it is essential that you speak to a lawyer about your claim.
A recent study has found that 1 out of every 100 people admitted to the hospital are injured as a result of the negligence of their caregivers. This does not take into account those who are treated incorrectly at their doctor's office, or prescribed inappropriate or incorrect medication. Due to the increasing complexity of the issues involved in medical care, there are a myriad of things that can go wrong. Because of this, Medical Malpractice is an important and growing area of the law.
The Standard of Practice:
Health care practitioners are required to stay current in their
knowledge and treatment methods and to meet a reasonable standard of
practice. Where they fail to do so, they may be found liable for any
injuries that result from their sub-standard care. The courts have
found specifically that doctors have a duty to conduct their
practices in accordance with standards. A general practitioner must act in
a manner consistent with that of a prudent and diligent doctor in
the same circumstances. A specialist has a duty to exercise a
higher degree of skill and knowledge because of their expertise in
the field.
Who can be sued for medical negligence?
While doctors are often the targets of malpractice litigation, other
defendants may include hospital staff including nurses and
technicians, pharmacists, dentists and alternative health
practitioners including chiropractors and others, if their actions
or omissions are responsible for causing injuries.
Victims of medical malpractice are often unaware that their health
care provider has caused them injury, as the circumstance of the
negligence may not always be disclosed to the patient. If you
suspect that you are suffering as a result of medical care, you
should obtain a second opinion from another doctor, or contact a
lawyer for assistance with obtaining a review of your case.
Your right to compensation:
While medical negligence claims are complex and take time to
resolve, the benefits of a successful case can make a significant
difference to an injured person.
If it is established that you suffered injury and damage as a result
of the negligence of your doctor or other health care provider you
may be entitled to damages for pain and suffering, loss of enjoyment
of life, past and future wage loss, the cost of future care, out of
pocket expenses and possibly other compensation.
In order to establish liability in negligence against a doctor or
other health care provider a person must:
- prove that the doctor owed a duty of care to the injured person;
- establish the standard of care required of a prudent and diligent physician in similar circumstances;
- prove that the doctor in question failed to meet the standard required;
- demonstrate that the injury suffered was caused by the doctor's failure to meet the standard.
How do I prove my case?
It is essential that you have a lawyer well versed in this area of
the law, who has available to him or her the right resources to
properly conduct your case. Medical experts will be required to
testify about the standard of care, and a lawyer skilled in the art
of cross-examination will have the task of chipping away at the
defence's case.
