Characteristics of a Medical Malpractice in Canada

While many of us may have heard about medical malpractices, few know about the many forms that medical malpractices can take. Common malpractices in Canada include premature discharge, failure to recognize symptoms, poor follow-up and unnecessary surgery. Malpractice can also result from misreading laboratory results, disregarding patient history and failure to correctly diagnose a condition. When a malpractice occurs, a person is allowed to sue the involved parties in a court of law. In this case, you will require a medical malpractice attorney and medical malpractice experts witness to testify on your behalf. A medical expert witness is required to elaborate the complex facts and terminologies used by doctors to the jury, people in the courtroom and even the judge.

Characteristics of a Medical Malpractice
Not every case can be considered as medical malpractice. To avoid unnecessary claims and lawsuits, there are some characteristics that have been set aside to define a medical malpractice. First, for a case to be considered as medical malpractice, there must be a violation of the standard conduct that has been established by a professional body in that area. Remember like in any professional field, the medical profession has medical standards that are referred to as acceptable when treating a patient. In many places including Canada, this care is called standard care, and under the law, it’s the right of a patient to be offered this care. If you or your attorney can determine that the standard of care was not followed, there is medical malpractice for you.

Resulting injury and significant damages
Other than the negligence of standard care, patients are also required to prove that they suffered an injury due to the negligence of the doctor. However, remember that an unfavorable outcome does not warrant you a case. You must prove beyond reasonable doubt that the injuries you suffered are as a result of negligence. Remember that medical malpractice lawsuits are very expensive as they require testimonies from a countless number of people followed by many depositions. The damage as the result of negligence must be major to be pursued. Major injuries that can result in lawsuits include disability, future medical bills as well as past bills, hardship and suffering and unusual pain. For more information, there are some helpful resources on the JD.MD, Inc. website.

Time Limit
In many places, there is a time limit during which you must bring forward your claim. In many Canadian jurisdictions, they require you to bring a medical malpractice case within the first six months and two years. However, this timeframe is determined by what is called the statute of limitations. Remember that if you fail to bring your case within this period, the case will be dismissed by the court regardless of your testimony, evidence, and facts. Before you can present your case in a court of law, your case must first be heard by the medical malpractice review panel in your jurisdiction.

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