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If you or your loved one has been injured there's only one smart step to take - Use CanLaw's Lawyer Referral Services to hire a good malpractice lawyer
Doctors, nurses, dentists and other health care practitioners can and do make mistakes.
if you are injured as a result, use CanLaw's Lawyer Referral Services to find a medical malpractice lawyer.
You may be entitled to compensation for some or all of the following:
There are two areas where malpractice
injuries are actionable:
1. Negligence of a doctor or nurse.
2. Failure to obtain your informed
consent regarding any treatment
You really need to consult a malpractice lawyer to determine if you have a medical malpractice claim.
Your personal injury lawyer will assess your claim, give you an idea of what your injury case may be worth and how long it will take. There are no fast settlements.
Time Limits for filing a claim are generally two years
In Canada, the courts have capped general damages (pain and suffering) just over $300,000.00.
There is no liability for an honest error of judgment
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 could harm a patient and/or taking affirmative steps to protect a patient.
Hospitals and emergency clinics must also provide security to protect patients and their family or visitors.
Establish the standard of care by looking at what a reasonable person in the same profession would do in all the same circumstances of the case
A reasonable person was described by Laidlaw J.A. in this way in Arland v. Taylor,  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."
The first two variables are usually weighed more than the last two variables.
Finally, based on specific facts of your case using the 4 factor test, the court will determine if the defendant breached the required standard of care in all the circumstances.
Defence lawyers, working usually for an insurance company, will vigorously defend against any malpractice claim.
The days of easy go away money are gone.
They will have very experienced lawyers and doctors usually involved with 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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