Medical Malpractice – Human Error or Negligence

by | Apr 23, 2015 | Uncategorized

Medical Malpractice – Human Error or Negligence

No matter how proficient or well-trained your doctor may be, human errors unfortunately can and will occur in the course of medical treatment. But when does normal and expected human error cross the line into medical malpractice?

Medical malpractice occurs when a physician acts negligently toward their patient, and as a result, causes harm or fails to appropriately address a condition. Therefore, an error is not necessarily considered to be malpractice, but a mistake that would not be expected from a reasonable physician would. Less frequently, a doctor may habitually or repeatedly exercise sub-standard skill or care in the course of treating their patients, which under the right circumstances can make a class action proceeding brought on behalf of numerous patients injured under similar circumstances appropriate.

Another form of medical negligence involves the lack of informed consent. A patient is entitled to be advised of their condition, the recommended course of treatment, and any risks of treatment. If a patient undergoes medical treatment that they did not fully understand or consent to, they may have a claim for medical negligence.

Regardless of its form, in Canada, medical malpractice has proven to be high risk litigation, given the legal protections that Canadian law affords the medical profession, and the vigorous defence style of the Canadian Medical Protective Association, which defends claims on behalf of doctors.

 

Personal Injuries at Provincial Campgrounds

Personal Injuries in Provincial Parks – do you know what to do if you get hurt at a provincially run campground this summer? And what about deadlines? Learn who’s accountable and how quickly you need to consult with a lawyer.

Suing for Whiplash – A Pain in the Neck

Whiplash is perhaps the most common injury associated with auto collisions. But many insurance companies are suspicious of whiplash claims and will do anything to deny payment. Read the full article to learn more.

Personal Injury Claims & Social Media

Don’t Self-Sabotage on Social Media – the defence is looking to discredit you, and you might be giving them everything they need. Use social media responsibly during your trial so that your posts can’t be used against you – read the full article to learn more.

Slips, Trips & Falls – Business vs Private Residence

Where you had your accident can matter as much as why you got hurt. The Occupier’s Liability Act holds businesses and homes to different standards. Find out how this could affect your case, read the full article to learn more.

Bicycle Accidents and Personal Injuries

Cyclists assume way more risk than drivers. And if the two ever collide, the cyclist’s injuries could be serious and permanent. If you’ve been hurt in an accident involving a car or truck read the full article to learn more.

Loss of Limb – Potential Impacts to Lawsuit

The nature and severity of amputation make it unique among personal injury claims. Make sure you’re taking everything into consideration before submitting your claim – read the full article to learn more.

Dangerous Street Racing & Stunt Driving – Personal Injury Lawsuits

We’re already sharing the road with self-driving cars. But who’s at fault when they get involved in accidents that cause injuries to other drivers? And can you sue? Read the full article to learn more..

Personal Injury and the Canada Revenue Agency

If you win a personal injury lawsuit in Ontario, how much will you lose in taxes? How do you hold onto it and keep it out of the hands of the taxman? Click here to learn about tax-free structured annuities.

Autonomous Driving Accidents & Personal Injury

We’re already sharing the road with self-driving cars. But who’s at fault when they get involved in accidents that cause injuries to other drivers? And can you sue? Read the full article to learn more..

Personal Injury Claims & Accidents Involving Uber or Lyft Drivers

When ridesharing becomes accident-sharing – who’s responsible for injuries when Lyft and Uber drivers are involved in a crash? For simple answers to this complex and complicated question, click here for our comprehensive guide to ridesharing injuries.