| Doctors, nurses, and other health care practitioners can and do make mistakes. If you are injured as a result, you may be entitled to compensation for some or all of the following:
- Pain and suffering, usually referred to as general damages
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Loss of income and/or loss of ability to earn income
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Housekeeping and home maintenance expenses
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Health care expenses not covered by insurance or other sources
There are two areas where malpractice injuries are actionable:
- Negligence of a doctor or nurse
- Failure to obtain your informed consent regarding any treatment
In Canada, the courts have imposed a cap on general damages (pain and suffering) of just over $300,000.00.Standard of CareThere is no liability for an honest error of judgement There is an obligation to take reasonable care to avoid risk of foreseeable harm to patients Duty of care includes both avoiding acting in ways that harm patient and/or taking affirmative
steps to protect patient Health care facilities such as hospitals and emergency clinics must also provide security to protect patients and their family or visitors. | |
You Will Definitely Need to Employ Expert Witnesses Personal Injury Lawyers often represent clients on a "contingency basis." The lawyer does not charge for services until the case is resolved. This means that the lawyer and law firm are taking the case on the basis that they will only be paid their fees if and when they are successful in settling the case for the client or successful at a trial of the action. If a lawyer does agree to take your case on a contigency basis, it is because s/he believes your case will settle out of court after a lengthy negotiation battle with the insurers. The contingency fees can be very very high. 50% of the court award is not unusual. Be sure you know what you are getting into on a contigency case. Ask who will pay for disbursements and similar costs.
Time Limitations are generally two yearsDefence lawyer will vigourously defend against a malpractice claim. They will have very experienced lawyers and doctors usually involved with the the Canadian Medical Protective Association CMPA, which can and will dispute and deny every claim. It is entirely up to you to prove your case.
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| Establishing the standard of care is first examined by looking at what a reasonable person would do in all the same circumstances of the case [in the same profession, of course].
In Stewart v. Pettie, [1995] 1 S.C.R. 131 the Supreme Court said,
The reasonable person” of negligence law was described by Laidlaw J.A. in this way in Arland v. Taylor, [1955] O.R. 131 (C.A.), at p. 142:
He is not an extraordinary or unusual creature; he is not superhuman; he is not required to display the highest skill of which anyone is capable; he is not a genius who can perform uncommon feats, nor is he possessed of unusual powers of foresight. He is a person of normal intelligence who makes prudence a guide to his conduct. He does nothing that a prudent man would not do and does not omit to do anything a prudent man would do. He acts in accord with general and approved practice. His conduct is guided by considerations which ordinarily regulate the conduct of human affairs. His conduct is the standard “adopted in the community by persons of ordinary intelligence and prudence.
Four hypothetical factors are then examined by the court:
1. Probability of injury arising from defendant’s conduct
2. Likelihood of severity of injury
3. Balanced against cost of avoiding risk
4. And social utility of defendant’s conduct
The first two variables are usually weighed more than the last two variables.
Finally, based on specific facts of case with 4 factor test, the court evaluates if the defendant breached the required standard of care in all the circumstances. | |
If you or your loved one has been injured there's only one smart step to take - hire a good personal injury lawyer. |
