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Medical malpractice law in Surrey, Canada, is a subsection of personal injury law that covers injury or death caused by the negligence, incompetence, or unprofessional conduct of healthcare practitioners. Major forms of medical malpractice include misdiagnosis, incorrect treatment, and surgical errors among many others. Realizing that you or a loved one is a victim of medical malpractice can be a traumatizing experience. Legal support can ease the burden of the process and potentially contribute to your financial stability and recovery.
In cases of a medical error that causes harm or fatality, it can be daunting to face the medical establishment alone. Lawyers can help in gathering and interpreting medical reports, hiring medical experts as witnesses, determining the appropriate amount of damages to ask for, and fighting your case in court if necessary. If the case goes to court, the plaintiff has to prove that the healthcare practitioner breached the standard of care and that the injury was a result of that breach. Proving this requires a sound understanding of medical malpractice law, making the role of a lawyer crucial.
In Surrey, as in the rest of Canada, the medical malpractice laws largely revolve around the Commission d’Indemnisation des Victims of Medical and Health Services Acts. It lays out the statute of limitations and the “standard of care” that a healthcare professional owes to their patient. Usually, the statute of limitations for medical malpractice claims in British Columbia is two years from the time when the patient knew or ought to have known about the harm caused by the healthcare provider's negligence. The intricacies of the local laws, statute restrictions, and standards make hiring a lawyer well-versed with the law important.
Usually, you have two years from the date when the injury was discovered. However, some exceptions may apply in particular circumstances which your lawyer can explain.
You need to prove that the medical provider overstepped their standard of care and this directly led to your injury. This often requires expert testimony and detailed medical records.
Compensation can cover economic damages such as medical bills and lost income, non-economic damages for pain and suffering, and punitive damages if the practitioner's conduct was exceptionally negligent.
Every case is different, but they can be lengthy processes that take several years to resolve. This is due to the complexity and amount of evidence needed for such cases.
While you technically can, medical malpractice claims are usually complicated and require an understanding of both law and medicine. Hiring a lawyer significantly increases your chances of a favorable outcome.
The College of Family Physicians of Canada and British Columbia College of Nurses & Midwives are valuable resources. Additionally, the Law Society of British Columbia can assist in finding lawyers specializing in medical malpractice law.
If you believe you are a victim of medical malpractice, you should consult with a lawyer experienced in this field. They will help you understand your rights, what claim you can make, and help get the compensations you deserve. Keep a record of all medical interactions and treatments for your case.
