A BRIEF OVERVIEW OF MEDICAL MALPRACTICE LAW IN ONTARIO

December 14, 2023, Articles

Medical malpractice is one of the most complex and challenging forms of personal injury law in Ontario. It’s also one of the most valuable; plaintiffs in serious medical malpractice cases often face significant, life-changing injuries that require years, or even decades, of rehabilitation and care. In this blog, we’ll examine what medical malpractice looks like in Canada, review several common forms of medical mistakes, and discuss some of the challenges and obstacles associated with these high-stakes cases.

WHAT IS MEDICAL MALPRACTICE?

Medical malpractice occurs when a healthcare professional’s negligence causes an injury to a patient. However, not every medical error causing an injury qualifies as medical malpractice. In Canada, the bar for proving malpractice is quite high. Plaintiffs in malpractice suits must establish:

  1. That they suffered an injury
  2. That the injury resulted in damages
  3. That the injury was caused by the negligence or error of a medical professional
  4. That the negligence or error breached the standard of care; in other words, that the medical professional acted differently than another competent doctor or nurse would in the same situation.

If these items can be established, then a medical malpractice claim may be successful.

WHAT ARE SOME COMMON FORMS OF MEDICAL MALPRACTICE?

Birth Injury
Children are rarely more vulnerable than in the moments directly before, during, and directly after their birth. Injuries in these moments can have lifelong impacts, which is why it is so critical for mothers to be cared for by competent and professional obstetrical teams.

Serious birth injuries include brachial plexus injuries, facial paralysis, bone breaks or fractures, and extended periods without oxygen, which can cause cerebral palsy and other developmental conditions.

Product Liability
Like all other manufacturers, the companies that produce pharmaceuticals and consumer medical products are responsible to ensure that these products are safe for the public. When a manufacturer allows an unsafe good to reach consumers, they may be liable for the injuries that those products case.

Medication Errors
Modern medications can improve or even save our lives, but they also have the capacity to do tremendous harm when misused. Medical professionals have a responsibility to ensure that patients receive the correct medication in its proper dosage – failure to do so can lead to serious adverse outcomes and, potentially, a medical malpractice lawsuit.

Delayed Diagnosis and Misdiagnosis
The first step to treating an injury or illness is to diagnose it. When an injury is misdiagnosed or diagnosed too late, the patient may suffer. Take cancer, for example: when caught early and treated aggressively, most cancers are survivable; if a doctor fails to promptly identify and diagnose the cancer, the patient’s chances of survival may plummet.

Nursing Home Negligence
The COVID-19 pandemic revealed that Ontario’s long-term care system is extremely fragile. The virus quickly swept through the province’s nursing homes, causing unspeakable pain and suffering. In many cases, this pain and suffering could have been avoided with better training and staffing, better infection prevention measures, better disease control, and other safeguards that could have protected residents. Will Davidson LLP is actively engaged in several class action lawsuits against LTC providers – visit our Class Action page to learn more.

Errors in Post-Operative Care
Treatment doesn’t end when a surgical patient leaves the OR. In their vulnerable recovery state, these patients rely on post-operative care teams to monitor them, provide their medications, change their dressings, and perform a variety of other critical tasks. When these teams fail to provide the necessary care, medical malpractice may have occurred.

Surgical Errors
Surgeries are inherently risky, but that doesn’t mean surgical patients should accept whatever side effects they experience. If a surgeon breaches the standard of care by committing an error, a medical malpractice lawyer may be able to help the patient access compensation for the damages they have incurred.

CHALLENGES AND OBSTACLES

Medical malpractice cases in Canada are challenging for several reasons. The first is the high bar required to prove medical malpractice, as discussed earlier in this article.

The second is the high level of technical expertise required to successfully litigate these cases. Not only do medical malpractice claims require a specialized understanding of the medical field from involved personal injury lawyers, but they also require expert testimony from medical professionals, which isn’t always easy to find.

Medical malpractice cases are also expensive and time consuming. They can often take many years to resolve, making them a risky investment for personal injury firms that work on a contingency basis. Why do they take so long? That brings us to our fourth challenge: the Canadian Medical Protective Association (CMPA).

The CMPA is an organization that provides defence representation to doctors accused of malpractice. The organization is well known for its ‘scorched earth’ defence practices – in other words, it is committed to defending each claim to the fullest possible extent.

CONTACT WILL TRIAL LAWYERS

Despite the challenges associated with medical malpractice claims, Will Trial Lawyers is proud to represent clients who have been injured in medical settings. Contact us today to schedule a free, no-obligation consultation if you believe you may have a medical malpractice case. We will listen to your story and explain the next steps in the legal process.

Location

4-1464 Cornwall Rd, Oakville, ON L6G 7W5

How can we help?

E-mail: contact@willtriallawyers.ca
Phone: 905-337-9568

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