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Medical malpractice in Edmonton, Canada refers to instances where a healthcare worker or institution fails to exercise the degree of care expected, resulting in harm to the patient. This can include negligence, errors in diagnosis, treatment, medication, or patient management. Like other parts of Canada, Edmonton operates under common law for medical malpractice, meaning cases are largely driven by precedents set by previous court decisions.
If you or a loved one has suffered due to a medical error or negligence, you may want to consider obtaining legal counsel. Situations can range from being wrongfully diagnosed, surgical errors, incorrect medication dosage, or even refusal of necessary treatment. In such cases, a specialized lawyer can help navigate the complex legal process, compile evidence, obtain expert opinions, and represent your interests in court or in negotiating settlements.
The key aspect of medical malpractice law in Edmonton, and Alberta in general, is that the plaintiff (the patient or their family) must prove not only that the medical professional was negligent but also that this negligence directly resulted in the harm experienced. The acceptable standard of care is determined based on what other reasonably competent practitioners would have done in a similar situation. Furthermore, there are limits on the amount that can be awarded for pain and suffering, known as non-pecuniary damages, which currently stands close to $350,000, as decided by the Supreme Court of Canada.
In Edmonton, there is a two-year limitation period from when the incident occurred or when you reasonably could have discovered the issue and its cause, to initiate a medical malpractice lawsuit.
Medical malpractice can include errors in diagnosis, surgery, medication, lab results interpretation, inconsistent aftercare, or prematurely discharging a patient. Any action or lack thereof that deviates from the accepted standard of care and results in patient harm can fall under medical malpractice.
Yes, it is possible to sue a hospital for cases of negligence or medical errors, if the hospital as an institution failed in its duty of care. This could include instances like improperly sterilizing equipment or employing an inadequately trained staff.
No, not all medical malpractice cases end up in court. Many cases are resolved through out-of-court settlements, where both parties agree to a compensation amount without a trial. Your lawyer can provide you guidance on the best course of action as per your case.
Compensation varies greatly depending on the specifics of the case, but can include medical expenses, rehabilitation costs, future care costs, loss of earnings, and damages for pain, suffering, disfigurement or disability. A lawyer specializing in medical malpractice can give you a better idea of what to expect based on your specific situation.
For additional resources, you may consider consulting the Law Society of Alberta or the Canadian Bar Association Alberta Branch, both of which provide resources to understand your rights and the legal process. The Alberta Health Advocate can be another valuable resource for understanding more about healthcare rights in Alberta.
If you believe that you've been a victim of medical malpractice, the first step is to consult with a legal professional who is experienced in the field. Documentation of all relevant information involving your case is crucial, as are any medical reports or bills. An experienced lawyer can guide you through the complexities of filing a lawsuit, gathering evidence, finding expert witnesses, and advocating for your fair compensation.
