MEDICAL MALPRACTICE LAWYERS CANADA
Medical malpractice lawyers take legal action in only a very small percentage of the potential claims for damages for mistakes caused by those who provide medical care in Canada. Most people who are injured either do not know that their condition was caused by negligence or do not bother to make a justified claim and as a result less than 10% of those who are entitled to claim actually do so. Healthcare professionals including specialists, doctors, nurses, pharmacists, dentists, medical technicians and alternative health practitioners including chiropractors are negligent if the treatment of a patient, under their care, has fallen below the minimum standard which the medical profession regards as acceptable.
Reasonable Standard of Care
Doctors are required to stay current in their knowledge of treatment methods and to meet a reasonable standard of care and failure to do so may make them liable to pay compensation for any injuries that result from their sub-standard care. The courts maintain that doctors have a duty to conduct their practice in accordance with the conduct of a prudent and diligent doctor in similar circumstances and that specialists have a duty to exercise the degree of skill and knowledge of an average specialist in that particular field. The effect of this is that there are no absolute standards and a healthcare professional will be judged by average competent standards assessed on the basis of what was known or should have known at the time of the alleged negligence.
In addition to showing that there was negligence it is also necessary to show that the negligence actually caused some injury or harm to the patient. It is usually necessary to establish the natural progression of the illness and the likely outcome if non-negligent treatment had been given in order to compare the outcome following the negligent treatment. If injury and damage are proved by medical malpractice lawyers to be caused as a result of negligence by a health care provider then compensation may include financial awards for:-
- pain and suffering
- loss of past and future earnings
- medicines and medical fees
- travelling expenses
- assistance for household chores
- special care aids and equipment
- adapted accommodation and transport
- care and assistance
- general expenses
Time Limits & Defenses
There are a number of potential defenses under medical malpractice law available to those who represent allegedly negligent healthcare professionals which include the doctrines of "accepted practice," "respected minority" and "error of judgment". If the person providing the treatment can show that the actions that caused the injury were errors of judgment as opposed to negligent actions, that the practice followed was accepted by other competent physicians and that the injury was merely an unfortunate result or that a body of respectable doctors would act in a way which deviates from the standard practice, then the doctor may avoid liability unless negligence can be proven. There are time limits within which a claim must either be settled or legal proceedings must be issued by a court of law and failure to take action before the expiry of the statute of limitations may mean that the chance to obtain damages is lost forever.
We can help you to exercise your legal rights to obtain the compensation you deserve. Our lawyers will deal with your case using a contingency fee arrangement which means if you don't succeed in receiving compensation then your lawyers won't get paid. Our experts have a client centred approach and focus principally on your needs. If you are the innocent victim of a mistake then you may be able to recover compensation. For free advice without obligation just complete the contact form or email our offices and a qualified lawyer will telephone you immediately to discuss your compensation claim without further obligation.