Canadians enter hospital every day expecting to leave in better shape than when they entered. Unfortunately, studies show that one out of every one-hundred patients admitted yearly end up with an injury as the result of negligence of caregivers while in hospital. This statistic doesn’t even take into account the number of inappropriately prescribed medication, incorrect diagnoses, and negligence that occur in doctors’ offices. And, with medical science becoming more and more complex, with new drugs and treatments being revealed daily, medical malpractice lawsuits are on the rise in Canada.
Nobody imagines that they will leave hospital with a new injury, a damaged baby, or a life-changing medical condition, but such instances do happen. So, how do you know if your injury is the result of negligence on the part of your doctor or other healthcare providers? All healthcare providers are required by law to remain current on treatment methods to meet a reasonable standard of practice in the care of patients. If they fail to do so, healthcare providers may be found liable for any harm that results from sub-standard medical care. As a matter of record, Canadian courts hold doctors and healthcare providers responsible for any sub-standard care that causes injury. A doctor must practice medicine in a manner consistent with what a diligent and prudent doctor would under similar circumstances. And where specialists are concerned, Canadian courts hold them to an even higher degree of knowledge and skill due to their expertise in their fields.
Compensation Available from Medical Malpractice Claims
Canadians who suffer from injuries owe themselves, their families and other Canadians the responsibility to report any instances of medical malpractice. In addition, if you can establish that you have suffered damage or an injury as a result of medical negligence, you may be entitled to
compensation for your damages in the form of:
- Medical expenses;
- Out-of-pocket expenses for prescriptions, medical devices, and medical supplies;
- Lost wages (past and future);
- Future medical care;
- Loss of life;
- Loss of enjoyment of life; and
- Pain and suffering;
To establish medical malpractice liability against a healthcare provider or doctor, you must:
- Prove your doctor owed you a duty of care;
- Establish what the prudent and diligent standard of care your doctor should have provided in similar circumstances;
- Provide evidence that your doctor failed to meet the required standard of care; and
- Show that the injury was caused by your doctor’s failure to meet the appropriate standard of care.
Medical Malpractice Cases Should Be Evaluated by an Experienced Lawyer before Proceeding
To prove any medical malpractice case and receive the compensation you are entitled to, you need the assistance of a medical malpractice lawyer well-versed and experienced in medical malpractice litigation. Don’t hesitate to contact a medical malpractice lawyer if you think you may have suffered injury due to the negligence of a healthcare provider. A reputable medical malpractice lawyer will be upfront about your chances of succeeding in your lawsuit. He or she will not desire to spend time and money pursuing a case that doesn’t have merit.
