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What is Necessary to File Medical Malpractice Claim in Canada?

By Chandler's Watch / Published on Thursday, 20 Sep 2018 19:13 PM / Comments Off on What is Necessary to File Medical Malpractice Claim in Canada? / 1236 views

Filing a medical malpractice case in CanadaDoctors, nurses, and every other medical practitioner are sworn to “do no harm.” Sometimes, however, procedures or treatments in hospitals or clinics go wrong, and you’re left with an injury or disability.  In instances when the standard of care wasn’t followed, you can file medical malpractice. And a litigation firm in Vancouver that has experience in malpractice claims can help you with your case.

What Kind of Failure is a Malpractice?

Malpractice may occur due to a doctor’s negligence, wherein the medical professional failed to give you the accepted standard of care, causing your injuries. The standard of care depends on the specialty of the doctor. If negligence is proven, doctors are liable to pay you for the damages done.

Not every mistake, however, is due to negligence. Sometimes, a medical procedure still leads to a bad result even when the doctor followed the right steps.

Another cause of malpractice is failing to inform you everything about your condition, including the risks of the treatment and your options. In case you suffer from an injury or an illness after a medical procedure, but the doctor didn’t tell you it might happen, you could have grounds to sue for malpractice.

When Should You File a Complaint?

Much like in the US, Canada follows Province-specific procedural rules with medical malpractice. But the heart of the matter generally stays the same: negligence occurred, and such actions or inaction led to damages. There is a time limit to filing your claim; most Provinces do not allow claims beyond the two years after the patient-healthcare practitioner was established or when the harm first manifested.

The time limit is necessary because witnesses may move around, making it difficult to reach them, or their memories fade, and documents could be corrupted or lost. Once the period expires, patients no longer have a right to claim damages.

Substandard care is unacceptable. When you’ve sustained an injury or disability due to negligence, a  diagnostic error, or a lack of care, you can file a lawsuit with the help of an experienced lawyer.