Medical Malpractice in Canada

Medical Malpractice in Canada

• Medical professionals are required to meet a reasonable standard of care when dealing with clients or patients.
• standard of care includes the appropriate treatment for a given condition. It is how an average, reasonable practitioner would manage the patient’s circumstance.
• when they fail to meet the standard of care, they would be considered negligent.
• Free medical services have the same standard of care as the paid medical services.

How to Pursue a Legal Action Against a Medical Professional

• Prove that they failed to provide the standard of care that other reasonable medical professionals in their field would provide.
• Prove that the negligence cause you harm or injury.
• There is a limited amount of time in which to file your lawsuit ( limitation period). If you don’t pursue it within that time, you would not be able to sue them anymore. The limitation period varies in every province.
• You may get a lawyer that charges on a contingency basis. This means, they get a percentage of your settlement or award, instead of you paying them in advance.
• A medical malpractice case typically takes years to litigate. A lot of the times, the case gets settled before the trial.
• Your case could also be brought to the medical professional’s association. This step does not usually give you compensation. The associations are mostly concerned with disciplining the medical professional involved.
• If you win a Medical malpractice lawsuit, you may get compensated for your general expenses, medical expenses, special accomodation, travelling and equipment expenses, pain and suffering, and loss of earnings.

Want More information? Check  Procedure on Pursuing a Civil Lawsuit .  

This entry was posted on Sunday, January 10th, 2010 at 2:58 pm and is filed under Civil Law. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.