Canada has its own specific set laws regarding medical malpractice, just like the United States. Generally, most medical malpractice claims that are filed within the country are reviewed by medical professionals who work for the Canadian Medical Protective Association (CMPA). If you believe you may have a legitimate medical malpractice case, it’s important to know about the laws and what takes place during a court case.
What Can Be Claimed in a Medical Malpractice Case?
There are certain instances that patients in Canada can state as their basis for a medical malpractice lawsuit. Here are the most common:
• Failure to diagnose an internal medicine or other medical condition with a reasonable standard of care and being unable to effectively diagnose being considered a breach of reasonable standard of care as per the law
• Obstetric failures or failure to provide reasonable pregnancy care to an expectant mother that results in injuries to the baby or mother or to both
• Mistakes made by doctors, nurses and other health care professionals regarding surgical care, diagnostic testing, prescription drugs and other things that leave the patient in need of further medical care and treatments due to failure to provide adequate or correct treatment or drugs
• Costs stemming from poor or inadequate medical care due to additional procedures, treatment and medication that result in drastic changes in the quality of the patient’s life or that affect their ability to work
• The costs of managing a chronic disability, medical condition or illness that would have otherwise been preventable if not for negligent medical care
What are the Procedures for Medical Malpractice Claims?
Just like in the United States, medical malpractice laws carry different rules and regulations depending on the province. However, in general, all medical malpractice claims share in common the basic context of the relationship between a patient and healthcare professional; that negligence occurred; and that the negligent actions of that health care professional caused injury to the patient.
What Happens During a Medical Malpractice Case?
One of the chief responsibilities of the plaintiff in a medical malpractice case is to prove that they received an improper standard of care, which led to their injury. The prosecutor will introduce a medical expert witness to testify on behalf of his or her client. The role of a medical malpractice experts witness is to provide critical information in such a trial. The expert is someone who has professional knowledge to be able to testify as to what constitutes a reasonable standard of care.
If you believe you have a medical malpractice case, it’s important to enlist the services of a skilled and experienced personal injury attorney. It’s your best bet for being able to receive compensation for your damages. For more information, visit JD MD and learn more from the available resources.