Even though many factors discourage the filing of medical malpractice lawsuits in Canada, numerous cases exist where doctors, healthcare professionals and hospitals have been found liable for acts of negligence. Delivery of appropriate and necessary healthcare is a priority in Canada, and any time a patient is harmed by the negligence of a healthcare provider to a care for a patient, medical malpractice may be the only way to hold doctors accountable and help the injured patient deal with the situation.
Elements of a Medical Malpractice Lawsuit
To be successful in a medical malpractice case, a plaintiff must demonstrate that the healthcare professional owed him or her a duty of care, did not deliver the appropriate standard of cared owed, should have reasonably foreseen that an injury could occur, and caused the injury due to a breach of that duty of care. Just an error in judgment on the part of a doctor may not necessarily be an act of negligence. Your best resource for determining if your particular injury is a medical malpractice is to consult with an experienced medical malpractice lawyer.
Common Types of Medical Malpractice Actions
Common types of medical malpractice claims might include the following.
- Failure to attend to a patient
- Diagnosis failures
- Re-diagnosis failures
- Failures to refer a patient appropriately
- Consultation failures
- Failure to communicate appropriately to other physicians on a patient’s care
- Failure to warn or protect third party(s)
- Failure to appropriately report abuse
- Substandard treatment of a condition or patient
Not only are doctors held responsible for the failures listed above, but hospitals can sometimes be held liable under the Canadian law doctrine of direct liability for the conduct of its staff or under the doctrine of vicarious liability. Thus, patients injured as a result of medical negligence should carefully evaluate whether or not more than just their doctor is at fault.
Canada has a growing body of case law in respect to medical malpractice which demonstrates that Canada courts and juries are more open to holding physicians liable for negligence than in the past. And even though Canadian doctors are often defended vigorously by the CMPA, when medical malpractice cases are properly handled justice can be had.
Contact a Medical Malpractice Lawyer for an Evaluation of Your Case
If you or a loved one has been injured as a result of medical malpractice, contact a lawyer experienced in such cases for an evaluation of your case. An experienced medical malpractice lawyer can easily evaluate your case and assist you in determining if you have a legitimate claim against your doctor or healthcare provider or facility.