MEDICAL MALPRACTICE LAW
Doctors and healthcare professionals including dentists, nurses and technical staff are required to stay current in their knowledge of treatment methods and to meet a reasonable standard of care. According to medical malpractice law doctors have a duty to conduct their practice in accordance with the conduct of a prudent and diligent doctor in the same circumstances, and specialists have a duty to exercise the degree of skill and knowledge of an average specialist in that field.
If it can be shown that the actions which caused the injury were errors of judgment as opposed to negligent actions and 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.
To successfully claim damages for personal injury, it is necessary to prove the following items on the balance of probability;
- Liability must be established by showing that the medical practitioner was negligent and did not do what a "reasonable doctor" would have done in the same situation.
- Damages must have been shown to have occurred which are usually proved by way of medical reports, accounting projections for lost income and other evidence from experts.
- Causation relates to proof of the link between the negligent action and the loss sustained. 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.
The following items of compensation may be payable by a health care provider under medical malpractice law;
- pain and suffering
- medicines and medical fees
- loss of past and future earnings
- special care aids and equipment
- travelling expenses
- assistance for household chores
- care and assistance
- adapted accommodation and transport
- general expenses
We are an independent legal service and 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. For free advice without obligation just complete the contact form and a qualified lawyer will telephone you immediately to discuss your compensation claim without further obligation.
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Canadian Medical Regulatory Organisations
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