Medical malpractice lawsuits in Canada comprise a very small percentage of the personal injury claims pursued each year. However, unbeknownst to most personal injury victims, many of their injuries weren’t just the result of that auto accident, that slip and fall, or that motorcycle accident. Some, and maybe a great deal, of their overall injury may have been the result of medical malpractice. It has been estimated that less than 10% of Canadians who have suffered injury due to medical malpractice actually sue the facility or healthcare provider who actually caused their injuries because they are unaware that the facility or healthcare provider is at-fault.
Healthcare Providers Who May be Liable for a Medical Malpractice Injury
Professionals in the healthcare field who are liable for a medical malpractice injury may include doctors, dentists, pharmacists, nurses, medical technicians, alternative health practitioners, medical specialists, and medical institutions, or a combination of these. Basically, any time medical treatment that causes injury and is the result of negligence or has fallen below a minimum standard of care is a possible medical malpractice case.
The major qualification for a successful outcome in a medical malpractice lawsuit in Canada is the below medical standard test. Healthcare providers are required by law to remain current and knowledgeable in the treatment and practice methods employed by their particular specialty. Failure to do so makes the healthcare provider who is responsible for that failure liable for any injuries sustained by patients as the result of diagnosis or treatment that is consisted sub-standard. Healthcare providers are mandated by Canadian law to have a duty to conduct their care of patients in the same manner as any diligent and prudent healthcare provider would under similar circumstances. This means that if heath care providers or facilities fail to provide patients with the highest standard of care or the most commonly practiced standard of care under the circumstances and that patient suffers an injury, the patient may be entitled to compensation.
Other Components of a Medical Malpractice Lawsuit in Canada
Negligence is only the first component that must be shown if you plan to file a medical malpractice lawsuit in Canada. Your healthcare provider may have been negligent, but if you cannot prove that you incurred damages from that negligence, you won’t have a viable medical malpractice lawsuit. You must show that you did indeed suffer some form of injury or harm as a direct result of that negligence. You’ll need to provide any medical malpractice lawyer you engage to represent you with documentation about your care so that he or she can establish that the natural progression of the injury or illness you have sustained would have had a more favorable outcome had your healthcare provider not been negligent. If this can be proven, you may then sue for some, or all, of the following damages:
- pain and suffering
- medical expenses
- loss of future and past earnings
- prescriptions
- special care aids and equipment
- travelling expenses
- assistance for household chores
- care and assistance expenses
- adapted accommodation and transportation expenses
- other general expenses
Contact a Medical Malpractice Lawyer If You Think You Have a Medical Malpractice Claim
If you think that your injury is the result of the negligence of a healthcare provider or facility, don’t wait to contact a Canadian personal injury lawyer experienced in medical malpractice law. Remember there are time limits as to how long after the incident you may file a medical malpractice lawsuit, so you don’t want to wait past that time limit to see if you have a right to compensation. Most personal injury lawyers offer free consultations. This means that you can have your medical malpractice case evaluated without obligation or expense. If you have sustained injuries due to the negligence of a healthcare provider, don’t wait; find out what your rights are today.
