Even though medical malpractice lawsuits are highly discouraged in Canada, many are filed each year. The primary reason for medical malpractice in Canada is typically a case negligence. With the numerous medical malpractice incidents reported that implicate hospitals, doctors, and other health professionals growing, many victims are finding it easier to file and win a medical malpractice suit in Canada.
To succeed in a Canadian medical malpractice lawsuit, victims must show that the person or entity they are suing owed the victim a duty of care, that a particular person or entity did not deliver the appropriate standard of care when providing medical assistance, that the injured person’s injury was reasonably foreseeable, and that the healthcare provider breached a duty of care which was the cause of the victim’s injuries. While an error in judgment is something is sometimes unavoidable at some time or another, in the medical field such an error can be deemed to be negligence if it results in injury.
Common Acts of Negligence that Lead to Ottawa Medical Malpractice Lawsuits
Some of the most common acts of negligence that can lead to a medical malpractice finding include:
• Failure to appropriately attend to a patient
• Failure to diagnosis a patient correctly
• Failure to re-diagnose a patient
• Failure to refer a patient to another more-qualified doctor or facility
• Failure to consult with other healthcare professionals when necessary
• Failure to warn or protect third parties who may be adversely affected by the diagnosis of another
• Failure to report abuse
• Failure to provide standard treatment
The actions of doctors and the conduct of staff that caused injury make hospitals liable under the legal doctrines of direct liability and vicarious liability. This means that if you or a loved one has suffered injury due to medical malpractice, you may file a lawsuit against the staff that caused the injury as well as the hospital that employed that person.
While Canadian medical malpractice lawsuits have not risen to the level found in the United States, we are rapidly catching up to this trend. Awards in Canada fall substantially short of those in the United States, but as medical malpractice suits increase, awards may follow. In Canada the proving of negligence in a medical malpractice case is markedly hampered by the CMPA. The CMPA vigorously
defends doctors and medical facilities. Consequently, due to the country’s flexible cap on non-pecuniary losses, punitive damages are rarely awarded to medical malpractice victims.
Victims of Medical Malpractice Should Seek Assistance from a Qualified Ottawa Medical Malpractice Lawyer
Even with the above-mentioned conflicts, Canada has accumulated a growing amount of case law in the medical malpractice arena, meaning that Canadian juries and courts are becoming more and more open to claims filed against physicians that hold those physicians liable for the act of negligence.
If you or a loved one has suffered injuries due to the actions of a doctor, dentist, or other healthcare professional in Canada, you need an experienced, highly-qualified Ottawa medical malpractice lawyer to represent your interests. Contact a lawyer today to receive a free evaluation of your medical malpractice case.