Canadian law and filing a lawsuit against medical malpractice
Medical errors are pretty common regardless of the technology used and the knowledge of the physicians. Some of these errors can lead even to deaths or permanent disabilities. However, only very few lawsuits are filed by the victims against those medical malpractices. Even when it comes to the cases filed, the vast majority of those are dismissed by the courts. Another considerable number of cases are abandoned by the victims due to various reasons. So, one might say that Canadian law doesn’t encourage patients to sue their physicians for medical malpractice.
Physicians are covered by a medical malpractice insurance
A Government body called the Canadian Medical Protective association offers an insurance cover for doctors in the event of being sued for medical malpractices. Doctors are required to pay a fee for their insurance coverage. However, in the U.S. the doctors should purchase insurance coverage from a private company.
Also, CMPA always uses an aggressive approach to defend the physicians in the event of medical malpractice. There is no shortage of criticisms related to the type of approach they possess. Also, as per the law, the losing party is supposed to pay the legal fees. All in all, it is fair to say that there is plenty of discouraging aspects for a patient to file a lawsuit against medical malpractice.
So, how to prove medical malpractice?
It is true that proving medical malpractice is a pretty difficult task. But, for your information, here are some examples of the negligence of physicians.
- Failing to offer treatment.
- Delayed diagnosis.
- Failing to direct the patient to a specialist physician.
- Failure to provide standard care.
- Administering or prescribing the wrong medication or the wrong dosage.
Although proving medical malpractice is not an easy process, a good lawyer specialized in the field of medical malpractice can help you out. The best thing is to contact such a lawyer as soon as possible and get their free consultation.
This article provided by Wagners Personal Injury Lawyers in Halifax
1869 Upper Water St, Suite PH 301
3rd Floor, Pontac House
Halifax, NS, B3J 1S9 Canada