Medical malpractice is not only a very complicated area of law in Canada, it is also a very controversial one. Ontario, in particular, is trying to make things fairer for patients that have been injured by doctors, nurses, and other healthcare professionals.
Medical malpractice occurs when any healthcare professional (including dentists, chiropractors, and other specialists) has been negligent in a patient’s care and that negligence results in injuries to the patient.
When filing a claim, this area of law requires not only in-depth legal knowledge, but also knowledge of medical standards and practices. Individuals that want to file a claim need to speak to an Oshawa medical malpractice lawyer. An experienced negligence attorney can help their client fight for necessary compensation for their damages.
Our medical malpractice lawyers can meet with you in Oshawa for a free initial consultation. Call (416) 364-2000
When Malpractice Occurs
Doctors and other healthcare professionals are not expected to be perfect at all times in the eyes of the law. This means that even when something goes wrong with a medical procedure or a patient is somehow injured, it is not automatically a valid medical malpractice case.
However, they are expected to act in a reasonable manner with every patient they see. When courts are determining whether professionals acted in a reasonable manner, they will determine if another professional would have acted in a similar way.
For instance, if a doctor explains the risks to a patient before surgery and those risks occur, there will be no medical malpractice case. But if the doctor failed to explain the risks to the patient and they then occurred and the patient suffered injuries as a result, they may have a valid medical malpractice claim.
Oshawa Medical Malpractice Lawyer Near Me (416) 364-2000
Medical Malpractice Claims
While the number of medical malpractice claims in Canada has been dropping over recent years, this is not because doctors are becoming more diligent. Instead, many say, it is because the Canadian Medical Protective Association has been providing more subsidies for doctors’ liability coverage than ever before. This is vastly different from the United States, where doctors are expected to provide their own private liability insurance.
The problem with this is that the Association has millions of dollars they are willing to spend on a doctor’s defense, and that defense will likely involve attacking the patient and their claim. The argument made by patients and advocates for them is that the system plays to the favor of healthcare professionals and does not efficiently or effectively compensate patients.
Even with the best Oshawa medical malpractice lawyer, most patients simply cannot compete. This practice has been deemed unfair by many and has been put under review by Ontario’s health minister, which could mean that Oshawa patients may be some of the first to reap any benefits that are a result of the review.
There are two types of compensation available for medical malpractice cases in Oshawa. The first is economic damages or those that have an actual dollar figure. This type of compensation includes things such as additional medical expenses and loss of income if they are unable to work because of the injury.
The other type of compensation available in medical malpractice claims is pain and suffering. This includes any emotional pain or trauma the patient experienced as a result of the malpractice. In Canada, there are caps placed on this specific type of compensation. The Supreme Court of Canada placed a cap of $100,000 for pain and suffering in 1978. Due to inflation, in 2016 that amount was increased to approximately $370,000.
Medical malpractice claims in Canada greatly differ from other personal injury claims. They require not only vast medical and legal experience from skilled Oshawa malpractice attorneys, but they also involve several government entities that may work against the patient.
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Consult with an Oshawa Medical Malpractice Lawyer
If you have been injured by a healthcare professional and think you may have a malpractice claim, it is imperative you speak to an Oshawa medical malpractice lawyer that has experience with these types of lawsuits.