Medical Malpractice in B.C: A Patient's Guide
We trust our medical practitioners to take care of us. Patients expect to come to no harm when they seek help from healthcare professionals, particularly doctors; and, generally, don’t anticipate needing to learn how to sue a doctor or consult a medical malpractice lawyer. However, medical errors that lead to severe injury or death are unfortunately quite common in Canada. Amid a healthcare crisis, the incidence of medical malpractice cases could increase.
Experiencing medical malpractice, such as misdiagnosis, can profoundly impact patients and their families. The aftermath can be devastating, resulting in ineffective treatments, avoidable complications, a significant deterioration in the quality of life and even death.
While thousands suffer and die from adverse events, suing a doctor is a battle against the publicly-funded Canadian Medical Protective Association, which defends doctors accused of wrongdoing, shielding them from “the financial and reputational blows of court losses and professional discipline,” as mentioned in an article published by the CBC (What to sue your doctor? You’ll be up against a powerful group with billions of dollars | CBC News).
For victims, a lawyer who knows the field is essential. We have some of the most experienced malpractice lawyers ready to help you win this uphill battle. In this informative article, you will learn about the actions you can take if medical malpractice has taken a toll on you or a loved one. As a patient, you need to understand medical malpractice, how to recognize it, and what steps to take if you think you have been a victim.
Understanding Medical Malpractice
Medical malpractice happens when a healthcare professional causes injury to a patient due to a negligent act or omission. This negligence could stem from diagnosis, treatment, aftercare, or health management errors. For instance, where a child suffered a preventable injury or harm during or after birth. We have obtained successful outcomes in cases such as when a doctor overlooked a newborn’s jaundice and when a nurse shook baby Molly, resulting in irreversible brain damage.
Standard for Professionals
Obligations of Professionals
Remember that professionals are not required to be perfect by law. Suppose they make a mistake that a reasonable practitioner could have made in similar circumstances. In that case, they will not be held responsible for any injury or loss. To win a lawsuit against a professional, you must prove they did not provide the same level of service or care that other reasonable practitioners would have provided in similar circumstances. For instance, if your doctor did not inform you about all the risks associated with a procedure, you may have a basis for a malpractice lawsuit. Meeting the standard of care depends on the type of care or service you needed and the type of healthcare professional who provided it.
All professionals have responsibilities to their patients. For instance, medical practitioners must fully advise patients of any risks associated with a treatment, discuss alternative options, and provide a complete explanation before administering it. The law and the guidelines of the governing body of each profession define these responsibilities.
As a patient or client, you also have specific legal obligations, such as providing a complete medical history to your doctor. Suppose your failure to fulfill your obligations leads to injury or loss. In that case, the court may not hold the professional responsible, and you may not receive compensation.
Standard for Professionals
Remember that professionals are not required to be perfect by law. Suppose they make a mistake that a reasonable practitioner could have made in similar circumstances. In that case, they will not be held responsible for any injury or loss. To win a lawsuit against a professional, you must prove they did not provide the same level of service or care that other reasonable practitioners would have provided in similar circumstances. For instance, if your doctor did not inform you about all the risks associated with a procedure, you may have a basis for a malpractice lawsuit. Meeting the standard of care depends on the type of care or service you needed and the type of healthcare professional who provided it.
Obligations of Professionals
All professionals have responsibilities to their patients. For instance, medical practitioners must fully advise patients of any risks associated with a treatment, discuss alternative options, and provide a complete explanation before administering it. The law and the guidelines of the governing body of each profession define these responsibilities.
As a patient or client, you also have specific legal obligations, such as providing a complete medical history to your doctor. Suppose your failure to fulfill your obligations leads to injury or loss. In that case, the court may not hold the professional responsible, and you may not receive compensation.
Medical Mistakes
Medical mistakes can include misdiagnoses and medication errors. Misdiagnosis, for instance, can lead to unnecessary or harmful treatments. Medication errors may involve prescribing the wrong medication or dosage.
Negligent Care
Negligent care is when a healthcare provider fails to meet the standard of care that a reasonable provider would under similar circumstances. This might involve surgical errors, such as operating on the wrong body part or accidentally leaving a surgical instrument inside a patient.
Refusal to Provide Service
Refusal to provide service happens when a healthcare provider denies necessary treatment without a valid reason, which could result in the deterioration of the patient’s condition or even death.
Failure of Proper Consent
Healthcare providers must obtain informed consent before carrying out any procedure or treatment. Failing to do so can be considered malpractice, especially if the patient suffers harm. An exception to this may occur in an emergency situation if the patient was incapacitated and there was no way to gain consent before taking necessary, life-saving action. Otherwise, patients have the right to determine what medical procedures they will undergo.
The Impact of the Healthcare Crisis
The ongoing healthcare crisis places immense pressure on healthcare providers, potentially leading to increased instances of medical malpractice. Overworked healthcare professionals may be more prone to making mistakes, and patients may experience delays in diagnosis or treatment.
Compensation and Damages
If you have been a victim of medical malpractice, you may be entitled to compensation. Damages in a medical malpractice case are typically classified into three categories:
- Economic Damages: these are the financial losses resulting from the malpractice, such as medical expenses and lost wages.
- Non-economic damages: these include pain and suffering, loss of enjoyment of life, and emotional distress.
- Punitive damages: these are awarded in cases of gross negligence to punish the wrongdoer and deter others from committing similar acts.
- the severity of the injury
- the impact on the patient’s life, and
- the patient’s prognosis.
How to Sue for Medical Malpractice
If you are considering suing a healthcare professional, there are specific elements you must prove if a medical malpractice action is to succeed:
First, you must demonstrate that the defendant (a doctor, nurse, or hospital) had a duty of care towards you. This is typically proven by showing that you were a patient who relied on the healthcare professional.
Second, you need to establish that the duty of care was breached. In negligence cases, this is often determined by evaluating the “reasonable” standard of care or the usual practices expected within the medical profession. If the healthcare provider followed the standard procedures for your specific case, proving negligence can be difficult but possible.
Third, you must prove that you suffered an injury or loss. To prove a case, you must demonstrate that the defendant’s actions caused the harm and that the defendant could have foreseen the harm or damage. If the harm resulted from a pre-existing medical condition which you did not disclose or your actions after the procedure, the healthcare professional may not have been able to foresee it. In this case, you may fail in your claim.
Medical malpractice cases are usually intricate and lengthy. Your lawyer must choose whom to sue according to the circumstances, the equipment used, who was responsible for what, and who may have overlooked procedures or incurred unnecessary risks.
In the event of a successful lawsuit against a professional, the court may grant you compensation for any financial losses, lost income, legal expenses, and any pain and suffering you have endured.
Filing a Claim
If you suspect medical malpractice, consult a legal professional specializing in such cases to guide you through filing a claim. This typically involves:
- Gathering medical records and other evidence.
- Consulting with medical experts to establish negligence.
- Filing a lawsuit if a settlement cannot be reached.
Medical Liability According to the Court
The court evaluates medical malpractice by assessing whether the healthcare provider failed to meet the standard of care and if this failure directly resulted in the patient’s injury. If the court finds the healthcare provider responsible, they might have to compensate the patient for damages.
Get Help
Do not allow medical malpractice to take over your life without pursuing justice. Rely on our skilled lawyers as they explain the concept of medical liability in British Columbia, how damages are calculated, and the legal options available to you if you have been a victim of a medical misdiagnosis.
If you or a loved one has suffered a preventable severe injury or harm within the medical system, you have the right to pursue compensation.
Call us today at 250-381-4040.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Always consult with a legal professional for advice on your specific situation.
