Can I Sue a Doctor For Medical Negligence?
In Canada, doctors can be sued for medical malpractice when their care falls below the accepted professional standards AND that failure causes harm. A poor or undesirable outcome will not necessarily amount to malpractice because doctors are not held to a standard of perfection, nor should they be.
To prove a doctor is negligent, an injured or harmed patient must establish two things:
- The doctor breached the standard of care; meaning, the actions or lack of actions fell below the professional standards expected of another doctor in the same circumstances; AND,
- If there is a breach, it has caused physical or psychological harm and damages.
If you can meet these two tests, you may have a claim for your pain, suffering and loss of enjoyment of life, past and future income loss, past and future care costs, and family law act claims.
Medical malpractice cases are very challenging. The litigation can be lengthy, costly and very reliant on your lawyer’s ability to find the appropriate experts necessary to prove a breach in the standard of care and damages. Doctors are also defended by the Canadian Medical Protective Association and is a well-resourced organization. These cases are difficult to settle and many only come to a conclusion after a trial.
If you believe you or a loved one has suffered harm due to medical negligence, it is crucial to seek guidance from an experienced medical malpractice lawyer. A lawyer familiar with this specialized area of law can assess the merits of your case, help gather the necessary expert evidence, and guide you through the litigation process to protect your rights and pursue fair compensation.
