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In all parts of Canada, including Ontario, you have a the right to expect a good level of medical care that benefits you and doesn’t leave you in a worse situation than you were when you first sought out medical help. If you have reason to believe that you did not receive this level of care, and that the complications and injuries you now experience are a result of the actions of the doctor or medical facility you went to for help, you may have a medical malpractice case. If you suspect this, you will need to consult with an experienced medical negligence lawyer.
While the legal Standard of Care in the Canadian Health Care System protects Canadians from shoddy medical care, it does not expect perfection from any medical practitioner or healthcare professional. It does, however, expect a high level of care free from crucial errors or omissions. If it’s discovered that a healthcare provider makes an unreasonable error or omission in all of the circumstances, that provider could be held responsible for the injury, loss or damage suffered as a result of this error. This type of error is considered negligence.
A successful malpractice case needs to prove that the patient did not receive the standard of care. This means that it has to be shown that the medical practitioner failed to provide the level of care a reasonably competent practitioner would have provided in similar circumstances. The level of care considered reasonable depends on the service or care provided.
Obligations of Medical Professionals
Healthcare professionals have obligations to their patients, and these professionals are aware of their legal obligations. One obligation is to make sure the patient is aware and understands the risks associated with any type of medical procedure or treatment. Healthcare professionals are required to explain the treatment so the patient completely understands what’s going on. They are also required to discuss other options available to the patient.
These obligations exist in Canadian law. These are also rules outlined in the governance of each medical professional’s regulatory body. Every medical professional is aware of these obligations.
Patients also have a level of obligation they need to fulfill when participating in medical care. They cannot, for example, hide important aspects of their health history from a medical professional in the hopes that doing so will increase their likelihood of getting a certain type of treatment. Patients are required to provide a full and truthful medical history. They are also required to follow the steps outlined by the medical practitioner that are part of the treatment plan. Examples include getting the required rest or fasting for a period of time before a procedure.
Filing a Medical Malpractice Lawsuit
Like any lawsuit, a medical malpractice lawsuit may take a considerable amount of time. Extensive medical and other records need to be gathered for evidence and analyzed by expert witnesses. Claims like these tend to be complex so it’s crucial to have a lawyer specialized in medical malpractice suits. Most injury lawyer in Kingston bills their fees on contingency basis for medical malpractice claims.