How to Sue for Medical Malpractice in Canada

Legal

Accidents can happen to anyone at any time. Unfortunately, you can even suffer a personal injury as a result of someone else’s negligence. In Canada, one of the types of injury claims you can make involves medical malpractice. If you are injured because of negligence or a mistake on the part of a doctor, nurse or other medical staff, you can sue for damages. However, medical malpractice consists of very complex laws, so it’s important to know how to proceed with your claim.

Situations Where a Doctor Can be Sued

In Canada, a physician can be sued for medical malpractice due to negligence. In general, the following must be proven for your lawsuit to be successful:

• The standard of care the doctor provided was less than a level of care that a reasonably competent physician would provide
• The injury would not have occurred if the doctor had provided a reasonable standard of care or treatment

Statute of Limitations for Filing Medical Malpractice Claim

In general, each province of Canada has its own set of laws regarding the statute of limitations for filing a medical malpractice lawsuit. The statute of limitations is the amount of time that the plaintiff has to file their claim. Most often, the statute of limitations is two years from the date of the incident or injury sustained. In other words, if you have suffered a personal injury due to the negligence of a doctor or other healthcare professional, you must file your claim with the court within that two-year time frame. If you fail to do so in a timely manner, your case will not be heard by the court and you will not be able to collect compensation for your injury.

Length of Time of a Medical Malpractice Lawsuit

Overall, any medical malpractice lawsuit can take years to conclude. This can occur whether there is a settlement negotiation or if the case goes to trial. Certain factors determine the exact length of the suit, including the following:

• Medical malpractice cases are very complex and take time to be properly investigated. Even though many attorneys take cases on a contingency basis, which means they only get paid if the plaintiff recovers compensation, they have a long and arduous journey while gathering up all relevant evidence to prove their client was injured because of negligent care from a doctor or other healthcare professional
• All medical malpractice cases in Canada are defended by the Canadian Medical Protection Association, which tenaciously defends clients during cases brought against them

Is There a Cap on Damages in Medical Malpractice Cases?

All kinds of negligence cases in Canada have a damage cap. In general, this means that you can only receive up to $330,000 in compensation for your injuries. However, there is no such cap on other types of damages like loss of income or future medical care.

If you have suffered a personal injury due to negligence by a doctor or while at a hospital, it’s important to seek the assistance of a skilled attorney. That is your best chance of being able to get your case heard in court and recover compensation for your injuries and other damages.

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