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Medical Malpractice: Essential Elements of Negligence

Medical Malpractice Essential Elements of Negligence Featured Image
Medical Malpractice: Essential Elements of Negligence

While going to hospitals, we think we are in safe hands, but unfortunately, that’s not always the case. Medical malpractice sometimes leads to an ongoing illness, injury, or even death, which is a very misfortunate event that no one can even imagine!

If you or your family member fell into such a tragic situation, don’t hesitate secure your right. There are laws that help you to get compensation for your damage.

To learn more about medical misdeeds, keep reading the article. You will get all the necessary information regarding this topic.

What is Medical Malpractice?

Medical malpractice refers to a negligible action of a health care professional or provider that causes harm, injury, or even death to a patient. Negligence involves inadequate or incorrect treatment, aftercare or wrong diagnosis, etc.

However, please note that dissatisfaction with the treatment does not mean malpractice. And if the carelessness doesn’t lead to significant damage, it won’t be considered malpractice too.

Basically, the following conditions fall under medical negligence –

  • The health care professional hasn’t maintained the proper standard. They don’t complete the duty owed to the patient.
  • Due to the negligence, the patients face injury. It also needs to prove that the patients won’t fall in such a situation without that incident.
  • The malpractice must result in considerable damage like disability, suffering from constant pain, loss of income, etc.

Types of Malpractice

let’s be sure about what things you can consider malpractice and file a lawsuit.

  • Misdiagnosis or delayed diagnosis that leads to an inappropriate act
  • Prescribing wrong medication
  • Incorrect or unnecessary surgery
  • Leaving items inside a patient’s body after surgery
  • Not providing a proper follow-up
  • Premature discharge
  • The patient suffering from unbearable pain after surgery or affected by a fatal infection

Exceptional Cases

In unfortunate cases like fire or other disasters and even for suicidal cases, you can file a lawsuit if these incidents happen because of the negligence of the staff.

On the other hand, if a risky operation is conducted without the patient’s consent and it creates fatal damage, they can file a charge even if the operation was carried out successfully.

It’s important to take consent from the patients after informing them about the additional risk.

The Participants of a Malpractice Case

Like any other case, a plaintiff and a defendant are involved in a medical violation case. The plaintiff can be the patient themselves or their legally designated person. In case the patient dies, an executor or administrator of the patient’s state can initiate the suit.

On the contrary, the defendant can be a doctor, a therapist, a nurse, or any other medical provider.

How Can You Prove Your Claim?

As a plaintiff, you have to prove the below things to win your case successfully.

  • The health care provider or hospital is legally bound to provide a service
  • They have breached their duty
  • It results in a fatal injury or even death
  • The plaintiff suffers from physical, emotional, or financial damage because of the wrongful act

What Kind of Compensation Will You Get?

There are two types of compensation that a plaintiff will get from a proven charge. They are –

Compensatory Damage

This includes economic as well as non-economical damages. Economic means the life care expense, medical expense, hamper in earning capacity, etc.

And the non-economic damages include physical and psychological harm and something that is unmeasurable based on money amount.

Punitive Damage

Punitive damages are a punishment typically awarded by the court in extreme conditions. If the defendant is found guilty of willful misconduct in a medical misdeed case, the court gives this punishment.

Things You Should Know About Medical Malpractice

Suffering due to medical negligence is one of the most tragic incidents that can ever happen in someone’s life. But unfortunately, proving malpractice in the medical field is one of the hardest and most complex legal fights.

So, while you are looking for medical malpractice lawyers in Calgary or any other place, you should try to reach out to an experienced one.

Anyways, now we will share some important information that you should know before starting a legal process.

Most Physicians are Protected by the CMPA

CMPA or the Canadian Medical Protective Association protects almost all physicians across the country. This organization defends its members in legal actions. They pay legal fees as well as the compensation received by the plaintiff.

Usually, insurance companies only show concern about the economics while CMPA tries their best to defend their reputation. They are even ready to pay more than a lawsuit is worth. And naturally, it makes an unfair field for a regular person.

Statute of Limitations on Malpractice Cases in Medical

There is a time limit to claim medical mismanagement compensation. However, the time varies from province to province. Most of the province gives two years to start a claim. Well, the first day of the two years is not the day of the malpractice, but the day you become aware of it.

Meanwhile, there is an exception. If the misdeed happens at the time of birth, the child can claim the damage after they turn eighteen.

There is a Limit on Damages

The Supreme Court of Canada has fixed the number of damages that a plaintiff can get. The limit of ‘general damages’ was set to $100,000, which is now become around $350,000.

Note that this amount doesn’t include the compensation for medical, rehabilitation, or loss of income. It only covers the non-economic damages like emotional, mental, or physical trauma.

It Takes Time to Complete the Process

After initiating a medical lawsuit, it takes a significant amount of time to solve. The plaintiff needs to browse years of medical records to understand the context. Besides, an expert opinion is also essential to build your case.

As a regular person, it’s not possible to find out the fault of a medical service provider or to prove that the injury is caused by it. However, the court needs solid proof of these facts, as you have to fight against the CMPA.

That’s why you have to contact a medical negligence lawyer who has a profound knowledge of medical laws. Otherwise, you can’t go further.

What Does a Medical Lawyer Do?

Let’s learn what is a medical lawyer and why you need them. Basically, medical law is a kind of personal injury lawyer experienced in cases involving improper or misconducted medical practice.

They represent the victim of such cases and fight against the healthcare professionals, and most of the time, with CMPA. As CMPA is full of health professionals, your lawyers must have thorough knowledge about the case to have a better chance to become successful in your claim.

So, if you or your loved one face such a difficult situation, contact an experienced lawyer as soon as possible. And let them handle all the litigation process.

Final Words

Although proving medical malpractice is hard, you have the right to receive compensation for your damage. As the consequence of the misdeed is already devastating, you should try to minimize the effect on your lifestyle as much as possible.

And while going through this time-consuming and stressful process, it’s very important to get assistance from a reliable person so that you can have more chances of winning.