Defining medical malpractice

November 20, 2018 Published by Pollock & Company
Category: Canadian Legal Cases, Legal Aid, Medical malpractice cases, News

The term medical malpractice is used to describe an incident when a health care professional or provider is neglectful in providing appropriate treatment for a patient, fails to take appropriate action, or gives subpar treatment that results in the harm, injury, or death of the individual.

Defining medical malpractice: Canada’s situation

In most cases, a situation of medical malpractice will involve a medical error. This could involve a patient diagnosis, treatment of a condition, or aftercare. Laws involving medical malpractice ensure that patients can receive compensation for any harm caused by subpar treatment.

In Canada, there were 4,524 lawsuits filed against physicians between 2005 and 2010, despite estimates that medical errors could theoretically generate over 100,000 lawsuits every year.[i] In Manitoba alone, the estimated adverse events totaled 6,732 during 2011–12. [ii]

Regulations and standards involving medical malpractice vary for each province. Having a legal team like Pollock & Company by your side is essential in determining whether it’s appropriate to move forward with a lawsuit.

Understanding medical malpractice

In health care, there is a standard of care that must be met by hospitals and health care providers. If this standard is not met, the patient must prove that the breach in the standard of care caused injury or harm that resulted in damage. Such damage could include, for example, suffering, pain, disability, or loss of income.

A medical malpractice case can include various scenarios, such as:

• Premature discharge
• Unnecessary surgery;
• Improper diagnosis;
• Birth trauma; or
• Failure to act on test results.

If you believe you have been affected by potential medical malpractice, it is important to have your case evaluated. Pollock & Company lawyers have a proven, results-based track record and extensive experience involving medical malpractice cases. For a free, 15-minute phone consultation, call 204.956.0450 or contact us through our website.

[i] https://www.theglobeandmail.com/life/health-and-fitness/health-navigator/patients-odds-of-winning-medical-malpractice-suits-in-canada-arent-good-says-new-book/article10812604/

[ii] https://nationalpost.com/health/inside-canadas-secret-world-of-medical-errors-there-is-a-lot-of-lying-theres-a-lot-of-cover-up