Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Consultation: 15 mins
Medical malpractice law in Vancouver, Canada, is a subdivision of tort law that provides a legal recourse for patients who have suffered harm due to professional negligence by healthcare professionals. The malpractice arises from substandard treatment, negligence, or inappropriate actions taken by a healthcare provider like a doctor, nurse, technician, or hospital.
Medical malpractice cases are often complex, involving intensive understanding of both law and medicine. A lawyer can help you determine if you have a viable case. Key situations include: misdiagnosis, incorrect treatment, surgical errors, medication errors, childbirth injuries, anaesthesia errors, or a delay in treatment. It is important to contact a lawyer early as strict legal timelines apply to filing these claims.
A key aspect of medical malpractice in Canada is the legal requirement to prove that the healthcare provider violated the 'standard of care' that other providers in the same field would normally uphold. In Canada, victims must show that their injuries were a direct result of a healthcare provider's negligence. Canada also uses a system of damage caps, which limit the amount a victim can recuperate for non-economic damages, such as pain and suffering.
Medical malpractice occurs when a healthcare professional provides treatment that falls below the acceptable standard of care in the medical community, leading to patient harm or death.
Standard of care is a term used to indicate what a reasonably prudent medical professional would or would not have done under the same or similar circumstances.
The limitation period for most medical malpractice claims in British Columbia is two years from the date of treatment or from when the patient reasonably should have known about the injury.
Victims of medical malpractice in Vancouver can claim for economic losses such as medical expenses and lost income, non-economic losses such as pain and suffering, and punitive damages in rare cases.
Yes. For non-economic losses (like pain and suffering), the Supreme Court of Canada has set a limit. As of 2021, this cap is roughly $393,732, but it is adjusted annually for inflation.
The College of Physicians and Surgeons of British Columbia and the Canadian Medical Protective Association are key resources for medical malpractice queries. They provide information about filing a complaint and the legal process.
If you believe you've been a victim of medical malpractice, it's important to secure legal representation promptly. Obtain your medical records, document your experiences, and contact a reputable attorney specializing in medical malpractice claims. Your lawyer will guide you through the legal process and fight for the compensation you deserve.
