Medical malpractice occurs when doctors, nurses, or other healthcare professionals fail to provide the proper standard of care to their patients. When a healthcare professional does not abide by certain standards and a patient becomes hurt as a result, they could be held liable with the help of an experienced personal injury lawyer. Medical negligence claims are some of the most challenging personal injury cases to pursue in Ontario, so it is best to consult with a Barrie medical malpractice lawyer before entering civil litigation to maximize your chances of success.
Characterizing Medical Negligence
Ontario Health Insurance Plan (OHIP) covers most of a patient’s primary medical care, and emergency rooms and clinics may sometimes be overcrowded as a result. While patients may be left waiting for a very long period of time, this alone does not constitute medical negligence.
However, when a patient is exhibiting signs of a heart attack, stroke, or breathing problems such as asthma, healthcare professionals must recognize this and treat them promptly. When they fail to do so and the patient suffers undue harm as a result, it may be considered medical malpractice.
Failure to treat promptly is the most common type of medical malpractice in Barrie. Other examples include misdiagnosis, delayed diagnosis, surgical errors, birth injuries, and defective medical equipment.
The Canadian Medical Protective Association
Medical malpractice cases in Barrie are extremely difficult for patients to pursue because most doctors are members of the Canadian Medical Protective Association (CMPA). This association is dedicated to protecting physicians and their reputations. When doctors face legal action from patients, the CMPA may cover the healthcare provider’s legal fees, settlement offers, or judgements made against them.
The CMPA has highly experienced lawyers that aggressively fight against claims of malpractice. For this reason, injured patients should enlist the help of a Barrie medical negligence lawyer who could stand up to the CMPA and work to obtain maximum compensation.
In 1978, the Supreme Court of Canada capped the amount of compensation available for pain and suffering at $100,000, which is approximately $370,000 with inflation. However, there are no caps on the total amount of economic damages that can be recovered in a civil lawsuit.
This means patients can receive compensation for their medical expenses, lost income, diminished earning capacity, rehabilitative costs, and more. These types of damages are often substantial in medical malpractice cases, making these claims very worthwhile for injured patients to pursue.
Contact a Barrie Medical Malpractice Lawyer for Help with Your Claim
Filing a medical malpractice case can be very beneficial to patients who have been injured by a healthcare professional who failed to provide the medically accepted standard of care. However, these are some of the most complicated claims to pursue, and injured patients should not try to litigate on their own.
Our Barrie medical malpractice lawyers have the experience necessary to investigate these claims, collect evidence to substantiate them, and help you get the maximum amount of compensation available to you. If you have been injured by your doctor, call us today to learn more about how we can help.